Ethics – Dos and Don’ts Mary Garcia Melissa Miller Dennis McGuire Office of Regional Counsel

Ethics – Do’s and Don’ts Federal Employees hold the public trust. Two core concepts - - Employees shall not use public office for private gain, and Employees shall act impartially and not give preferential treatment to any private organization or individual. Also can’t create the appearance of a violation of the ethics rules. (5 CFR )

Ethics – Do’s and Don’ts Illegal Supplementation of Salary Executive branch employees may not be paid by someone other than the United States for doing their Government job. Example - Non-VA Salary or other payments for services from private or for- profit entities, i.e. consulting fees or honoraria, for VA work they have done. (18 U.S.C. § 209)18 U.S.C. § 209

Ethics – Do’s and Don’ts Illegal Supplementation of Salary This prohibition does not apply to -- o Funds contributed out of the treasury of any State, county, or municipality o Payments for travel, subsistence and other expenses made to an employee by a tax-exempt nonprofit organization incurred in connection with training (must have prior approval per 5 CRF ).

Ethics – Do’s and Don’ts Gifts Generally, employees can’t accept gifts that are given because of their official positions or that come from certain interested sources ("prohibited sources") Prohibited sources include persons (or an organization made up of such persons) who -- are seeking official action by, are doing business or seeking to do business with, or are regulated by the employee's agency, or have interests that may be substantially affected by performance or nonperformance of the employee's official duties. An employee can never solicit or coerce the offering of a gift. (5 CFR )

Ethics – Do’s and Don’ts Gifts Exceptions to accepting gifts: o $20/$50 rule. o Gifts based on a personal relationship. o Discounts and similar benefits. o Awards and honorary degrees. o Gifts based on outside business or employment relationships. o Widely attended gatherings and other events— Speaking and similar engagements; Widely attended gatherings. Determination of agency interest.

Ethics – Do’s and Don’ts Gifts An employee may not use exceptions to accept gifts on such a frequent basis that a reasonable person would believe that the employee was using public office for private gain.

Ethics – Do’s and Don’ts Teaching, Speaking & Writing o An employee generally may accept honoraria; however o An employee may not receive compensation -- including travel expenses for transportation and lodging -- from any source other than the Government for teaching, speaking or writing that relates to the employee's official duties. (5 CFR )

Ethics – Do’s and Don’ts Teaching, Speaking & Writing “Related to official duties" means -- o The activity is part of the employee's official duties; o The invitation to teach, speak, or write is extended primarily because of the employee's official position; o The invitation or the offer of compensation is extended by a person whose interests may be affected substantially by the employee's performance of his official duties; o The activity draws substantially on nonpublic information; or o The subject of the activity deals in significant part with agency programs, operations or policies or with the employee's current or recent assignments

Ethics – Do’s and Don’ts Teaching, Speaking & Writing o However, an exception permits an employee to be paid for teaching a course at an accredited educational institution, even where the subject does relate to his official duties. o Employees may not use their official title or position (except as part of a biography or for identification as the author of an article with an appropriate disclaimer) to promote a book, seminar, course, program or similar undertaking.

Ethics – Do’s and Don’ts  Official Ethics Opinions The Regional Counsel is the designated ethics official for the Region. The Regional Counsel assigns designated ethics attorneys. Request official ethics opinions from the Office of Regional Counsel.

Ethics – Do’s and Don’ts  Official Ethics Opinions (cont) An “official” written opinion. Provides protection from criminal prosecution and adverse administrative actions if follow the official ethics advice. Must provide the ethics attorney with all the facts when requesting the opinion. Cincinnati – Mary Garcia. Dayton and Cinci backup – Melissa Miller.

Ethics – Do’s and Don’ts Points of contact Cincinnati Mary Garcia – Dayton Melissa Miller – Dennis McGuire –