MAKING A DIFFERENCE FOR SAILORS, MARINES AND THEIR FAMILIES ADFD TRAINING #3 ETHICS

LCDR Jonathan Dowling Deputy Staff Judge Advocate Navy Region Southwest (619)

 Title 18, United States Code  Presidential Executive Order  DoD R (Joint Ethics Regulations)  32 Code of Federal Regulations 2635  SECNAVINST  Ethics Gram 14-01

 Basic Obligations of Public Service  Bedrock Standards of Conduct  32 CFR  14 General Principles *Ensure Public Confidence in its Gov’t*

 Public service is a public trust  Place public trust over private gain  Don’t acquire/retain private financial interests that appear to/do conflict with official duties  Act impartially in performing your duties  Protect and conserve the federal property and resources entrusted to you

 No financial transactions using non-public info or the improper use of such information to further a private interest  Cannot give preferential treatment to any private organization or individual  Do not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official government duties  Avoid actions creating an appearance that you are in violation of the law or ethical standards

 Officers  Enlisted (minor exceptions)  Civilian federal employees  Contractors (If compliance set forth in Contract)  Some former government employees  Reservists  If performing official duties  On inactive training  Earning retirement points

 Criminal Prosecution  Military = UCMJ Violations  Civilians = Federal Prosecution  Administrative Action  NJP  Adverse Action  Civil Penalties

 5 CFR – Subject to restrictions  Distinction between Official & Personal Capacities - Official – part of official duties – Workplace * May use official title & position * CFC, NMCRS, “By Your Own/For Your Own” - Personal – Off Duty, Not to Subordinates * Cannot Use or Permit use of official title or position associated with public office to further the fundraising effort, but can use rank and/or service

 JER – Fundraising/Membership Drives - Employees shall not officially endorse any Non-federal Entity (NFE) except: * Combined Federal Campaign (CFC) * Navy & Marine Corps Relief Society * “By-Your-Own/For Your Own” (BYO-FYO)  JER – Personal Participation in NFEs - May voluntarily fundraise outside official duties - Use of titles tends to suggest official endorsement or preferential treatment by DoD of the NFE - Purely personal, unofficial volunteer efforts to support fundraising outside the workplace is authorized - Component Heads can authorize non-workplace sites

 General Announcement, providing POC  Solicit from Active Duty during duty hours  Cannot solicit from DoD civilians, contractors  May accept contributions from all sources  Car wash, Bake sale, Trivia contest (entrance fee), 5K run, bowling tournament  Senior officials may voluntarily offer prizes for raffle, trivia contest prize

– Do not solicit from subordinates – Do not solicit from DoD contractors – Efforts (off-base) do not imply DoD endorsement  No use of official title or position  Rank and branch are permissible, but look at context – Do not use government resources

 Campaign “Potholes” - Setting 100% participation goal - Inquiry re whether or amount of donation - Establishing personal $$ goals and quotas - Creating/using Non-Contributor Lists - Using campaign results in FITREP appraisals - Official off-base fundraising for the NMCRS is not permissible

 Sale/Rental Use of Gov’t property/privilege - Military Civilian Clothes Privileges - Special Liberty - Preferred Parking

 Prohibitions Against Gambling - Generally, State Law Controls (Cal. PC ) * “Crimes against Public Decency & Good Morals”  SECNAVINST NMCRS Annual Fund Drive - No Raffles (Except NMCRS Annual Fund Drive, only when approved by SECNAV & “consonant w local law”) - No Carnival-type Games of Chance - No Solicitation of Businesses - Prize Donations - No Use of Gov’t Property as Raffle Prizes

 California Constitution prohibition on raffles/lotteries  March Proposition 17 & SB639  CAL Penal Code §320.5  “Eligible Organizations” – “Beneficial or Charitable purposes” OK if organization complies w defined process - In-state raffles only/Detachable coupons or stubs - 90% proceeds must be used for beneficial goals - Must first register with CAL Dept. of Justice - Provide Fed TIN, CAL corporate or Charitable Trust # - Accounts subject to state Audit - Must file annual report with aggregate receipts, direct costs incurred and charitable/beneficial purposes met