IEC Journal

More on Ethics Resource Center Survey

The January 30 Washington Post story on the Ethics Resource Center survey reported here previously contains a nice chart (not available with online version) and a quote that echoes concerns about contractor ethical issues expressed by OGE Director Rick Cusick:

Ethical issues have become increasingly important, "if for no other reason than the fact that the [federal] government has become increasingly reliant on contracting and grants to independent suppliers, who are providing the government with an increasing range of goods and services," said Kenneth Ryder, a project director at the National Academy of Public Administration. "That puts a premium on having an effective ethics program."

A related Post story suggested ethical problems may be even more common at the state and local levels.

Hatch Act Refreshers & E-mail Enforcement

Even if not for the December White House directive on Hatch Act reminders, many standards of conduct officials would be sending out notices about this time, due to the ongoing primaries and upcoming Presidential election. It's tempting to simply recycle a Hatch Act notice used in previous years, but that may not be so wise this time.

As a recent Boston Globe story about investigations of employees accused of sending e-mails attacking Barak Obama illustrates, the Office of Special Counsel is emphasizing this area. As we explained in a previous post, there has been a significant change in OCS's legal interpretation since their 2002 "water cooler" memo. Making sure your employees understand this could prevent many problems.

Our Hatch Act archives contain links to many training resources. Let us know if you have a suggested addition in the form of a link or original material you would like to share.

Survey of Government Ethics Environment

A press release from Ethics.org describes the results of Ethics.org's survey of the ethics environment in government. Here are a few excerpts:

The next Enron could occur within government," said ERC President Patricia Harned, Ph.D. "Almost one quarter of public sector employees identify their work environments as conducive to misconduct – places where there is strong pressure to compromise standards, where situations invite wrongdoing and/or employees' personal values conflict with the values espoused at work.  Government – especially at the state and local levels – simply is not doing enough to address the problem.  ...

Slightly less than one-third (30%) of federal workers surveyed believe their organizations have well-implemented ethics and compliance programs, which ERC has found greatly reduce the incidence of misconduct.  Only one in 10 said there is, indeed, a strong ethical culture in their federal workplace.

IRS Vacancy GS 12-14 (ethics and general gov law)

The IRS Chief Counsel's office is seeking an attorney for its Ethics and General Government Law branch.  The closing date is Monday, February 25, 2008.  For more information, please see the announcement at: http://jobsearch.usajobs.gov/ftva.asp?seeker=1&JobID=67871224

Workplace Relationships Presentation

The recent scandal involving the relationship between a mayor and an aide and the possibility of perjury charges served as a reminder of the dangers involved in workplace fraternization. It's understandable that Greg Weinman's previous presentation at the January IEC meeting on the topic attracted an overflow crowd. An update of Greg's well-received presentation at the last Office of Government Ethics conference, attendance at the IEC version apparently benefitted from good word of mouth.

Without attempting to replicate Greg's presentation in its entirety, here are a few of the many thoughtful points covered, with hypertext links to the authorities referenced:

1. Existing authorities, including nepotism policies and OGE Opinion 01 x 8, do not adequately cover the many possible problems that can arise from romantic relationships in the workplace.
2. Mere consent to a supervisor's advances does not mean the advances were welcome. Meritor Savings Bank v Vinson.
3. Widespread favoritism by supervisors can be enough to create an offensive environment for purposes of sexual harassment law. Miller v Dept. of Corrections.
4. Relationships with younger employees are a particular danger area. Doe v Oberweis Dairy. (problems arose with relationship with 16 year old ice cream parlor employee even though she initiated relationship & it occurred outside workplace).
5. Matter of: DGS Contract Services (1991 bid protest decision to effect HUD could cancel solicitation due to relationship between contracting officer and bidder).
6. Written policies like the U.S. Mint's can help fill the gap.
7. Under some circumstances, requiring couples engaged in a workplace relationship to sign a consensual relationship agreement (sometimes misleadingly referred to as a "love contract") can provide some protection to an employer. These documents typically disclose the relationship, certify that it is voluntary, welcome and consensual, and acknowledge the organization's anti-fraternization policy. Though such agreements in the public sector could arguably implicate a constitutional right to privacy, they can be beneficial if carefully drafted.

Ethics Rankings of Government Contractors?

Government Executive magazine reports on a private sector thinktank's plan to issue rankings of government contractor ethics programs:

"It is kind of vogue to bash government contractors ... because of a few bad apples," Brigham said. "It makes sense to give a lot of credit to the companies that are doing it right, and a tweak on the nose to the companies that aren't aligning with what the new government regulations are."

The group is using a voluntary online questionnaire as the primary means of gathering information. The questionnaire covers four major areas: codes of ethics and business conduct; leadership and tone from the top; internal control systems; and training and communication programs. Various measures and accomplishments in these areas have been assigned weight values, and the institute also will be doing its own research into companies' practices and programs.

Two OGE Items

OGE Director Ric Cusick recently sent out an interesting memo on the necessity to put ethics advice in writing on request:

REQUESTS FOR WRITTEN ADVICE

I am writing to remind ethics officials to be responsive to requests for advice, including written advice, from employees. Recent complaints have been brought to my attention that some agency ethics officials have declined to provide written ethics advice requested by employees. OGE certainly understands the competing demands on the time and resources of agency ethics offices. Nevertheless, employees understandably may have good reason for requesting a written response that memorializes ethics advice. Depending on the circumstances, written responses need not be particularly formal or extensive, and, for example, e-mail often will suffice. See "Documenting Ethics Advice," DAEOgram DO-05-019. Of course, it is appropriate and often advisable to require employees themselves to submit their requests, including all material facts, in writing.

Also from OGE: List of Agency Ethics Program Reviews Planned for the First Six Months of Calendar Year 2008.

Army Fiscal Law Web Site

Ethics advisors that receive questions with fiscal law implications will find a welcome resource in the Army Fiscal Law web site. Among other things, their Fiscal Law Deskbook makes a nice supplement to the GAO Redbook.

February 7th Meeting

Have you ever had to determine whether one of your agency’s officials can testify against the Government?  Have you had to try to stop any of your employees from becoming “professionals" at "testifying" in cases are not relevant to your agency?  If so, then the IEC is the place to be on February 7th when we hold our next monthly meeting.

Rick Thomas from the Office of Government Ethics will speak on the expert witness rule at 5 C.F.R. 2635.805.  Rick will be providing an updated, and shortened version of his presentation at the last Office of Government Ethics Conference.  His materials from the conference are available on the web.  Terry Henry of the Justice Department will speak about the Touhy rule and how it can be used to prevent your employees from being asked to testify on cases irrelevant to the agency. 

Our February 7th meeting will take place from 12:15-1:30 in the OTS auditorium,

1700 G Street, N.W.

-- the corner of 17th and G Streets.  Individuals who are on the IEC roster need not pre-register for this meeting.  Ethics officials who are not on our roster but who wish to attend our February meeting can pre-register by contacting Patrick Carney not later than Monday, February 4th. Those who are neither on the IEC roster nor pre-registered can still be admitted to our meeting site by showing a Government ID to OTS Security personnel and signing in. 

We look forward to seeing you on February 7.

OGE GS 13 vacancy - Program Review Div

OGE VACANCY ANNOUNCEMENTS

The Office of Government Ethics announced that it is advertising for two GS-13 program analyst positions in the Program Review Division, Office of Agency Programs, on

January 11, 2008

.  The closing date for the vacancies has been extended to

February 4, 2008

.  Interested candidates should refer to 08-OGE-008 at www.usajobs.gov. 

Updated SGE Training Materials

Updated September 2, 2008 to correct web links changed during OGE web site upgrade:

Wayne Johnson thoughtfully provided an updated version of his materials for SGE training. Wayne explains:

I have replaced the previously attached files with Internet web links that everyone should be able to use/access.  The other difference is that this template, in addition to covering IEO or AET for an SGE, also sends them the links to complete their OGE 450 form and the HHS Foreign Activities Questionnaire Form.  It of course could be edited down by a user to just cover training or collecting forms.  Although some materials are HHS specific, they could be easily copied and edited for use by another federal agency. 

Other material from Wayne is available in our November 9, 2007 posting. Thanks to Wayne for sharing these useful training documents.

The below EMAIL TEMPLATE is an IEO and AET email for ethics officials to send to committee SGEs.   It was originally created by Wayne L. Johnson to help HHS Division Ethics Officials to train their SGEs in advance of attending committee meetings using only Internet links. 

(Revised August 29, 2008 to replace earlier version on IEC web site due to OGE creating new OGE web site and ethics topic links in August 2008)

Text for Email/Letter for Advisory Committee SGEs for IEO and/or AET AND OGE 450 and HHS 697 Filing Using Internet Web Links:

INTRODUCTION: THE INFORMATION IN THIS EMAIL/LETTER TEMPLATE IS INTENDED TO PROVIDE SPECIAL GOVERNMENT EMPLOYEES (SGEs) ON FEDERAL ADVISORY COMMMITTEES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) THEIR INITIAL ETHICS ORIENTATION (IEO) OR ANNUAL ETHICS TRAINING (AET).  IT MAY ALSO BE USED TO OBTAIN FROM THE SGE THEIR OGE 450 FORM AND HHS FOREIGN ACTIVITIES QUESTIONNAIRE (HHS FORM 697).  IT ONLY USES INTERNET LINKS SINCE SGEs ON ADVISORY COMMITTEES DO NOT HAVE ACCESS TO THE HHS INTRANET UNLESS THEY ARE AT AN HHS FACILITY.  MOST COMMITTEE SGEs PERFORM THEIR DUTIES LESS THAT 30 DAYS A YEAR. MATERIAL HEREIN THAT IS HHS SPECIFIC SHOULD BE REVIEWED FOR APPLICABILITY AT OTHER AGENCIES.  FEEL FREE TO DELETE HHS SPECIFIC ITEMS OR REPLACE WITH ITEMS THAT ARE MORE SPECIFIC TO YOUR AGENCY.  

(The term SGE includes members of Federal Advisory Committees and Intermittent Workers.  An SGE is defined as an “officer or employee... who is retained, designated, appointed, or employed” by the Government to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days.  See Title 18, U.S. Code, Section 202(a).)

OGE 450 and HHS 697 Forms Section:

As an Special Government Employee (SGE) on the (Name of FACA Committee) you must file with my office a “New Entrant” OGE Form 450, Confidential Financial Disclosure Form, (Revised January 2007) and an HHS 697 Foreign Activities Questionnaire, within 30 days of your appointment as an SGE as well as annually.  Even if you have been board member for more than a year on the same committee, your OGE Form is always a New Entrant. 

The two forms are available on the INTERNET as follows:  OGE 450 Form, http://www.oge.gov/forms/form_450.aspx?AspxAutoDetectCookieSupport=1 or http://www.usoge.gov/forms/form_450.aspx and HHS 697 Form, http://ethics.od.nih.gov/forms/hhs-697.pdf.  You should save these forms to your computer and then fill them out.  That way you can update them next year rather than start from scratch. 

After completing the two forms please sign and date them and mail them to my attention at the below address no later than (date).

Initial Ethics Orientation (IEO) and Annual Ethics Training (AET) Section

As an SGE with Department of Health and Human Services (HHS), the Ethics in Government Act, at 5 CFR Sections 2638.703, .704 and .705, requires HHS to provide Initial Ethics Orientation (IEO) and Annual Ethics Training (AET) to you and for you as an SGE to spend one hour reviewing the material provided below. You are authorized to use official duty time to accomplish this. (If this information is being done by letter, provide the SGE with paper copies of these items or make sure the Internet links are written out.) 

The below three items and their web links apply specifically to SGEs (including advisory committee members and intermittent employees).  In addition to reviewing them for at least one hour, please save this email and the first three items to your computer or print them off for future reference. 

1.  HHS OGC Ethics Division October 2004 Memo for SGEs - "Ethics Rules for Advisory Committee Members and Other Individuals Appointed as Special Government Employees" http://www1.od.nih.gov/cmo/ethics/SGETRAININGOCT2004.pdf

2.  HHS OGC Ethics Division 2005 Pamphlet for SGEs - “Overview of the Ethics Rules for Special Government Employees Serving on Advisory Committees" http://www1.od.nih.gov/cmo/ethics/SGE3.pdf. 

3.  Office of Government Ethics (OGE) 2008 Booklet –To Serve With Honor: A Guide on the Ethics Rules that Apply to Advisory Committee Members Serving as Special Government Employees (2008)

(PDF) http://www.usoge.gov/training/training_materials/booklets/bkServeHonor.pdf or

(TEXT) http://www.usoge.gov/training/training_materials/booklets/bkServeHonor.txt 

This booklet highlights some of the ethics rules that are most likely to affect these committee members, in addition to providing them with a game plan of eight general principles that will help promote peak ethical performance.

NOTE: IN LIEU OF, OR IN ADDITION TO, ETHICS OFFICIALS MAY USE THIS TRAINING MODULE FOR SGE AET/IEO

OGE 2007 Online Training Module
Ethics Training for Special Government Employees WBT (2007)

An interactive web-based training module designed to be completed in about one hour and is intended for use by Special Government Employees (SGEs). The course contains a summary of ethics laws and rules that apply to SGEs and may be used as part of your initial or annual ethics training program. (Begin Module) http://www.usoge.gov/training/module_files/ogesge_wbt_07/10.html 

PRIMARY ETHICS MATERIALS

In addition to the above items, you can access the primary ethics regulations upon which they are based by going to the following web links on the Internet.  

1. The Standards of Ethical Conduct: 

http://www.usoge.gov/laws_regs/regulations/5cfr2635.aspx or http://www.usoge.gov/ethics_docs/publications/reference_publications/rfsoc_02.pdf or http://www.usoge.gov/ethics_docs/publications/reference_publications.aspx 

2.  The full HHS Supplemental Ethics Regulations (As of August 2005) Note 5 CFR Section 5501 subsections .104, .106, .109, .110, .111 and .112 and 5 CFR 5502 do NOT apply to SGEs:   http://www.fda.gov/opacom/ethics/5CFR5501-5502compilation.pdf or http://www.access.gpo.gov/nara/cfr/waisidx_08/5cfr5501_08.html and http://www.access.gpo.gov/nara/cfr/waisidx_08/5cfr5502_08.html . Other Federal Agencies that have supplemental ethics regulations can obtain for their’s at http://www.usoge.gov/laws_regs/agency_supp_standards.aspx .

3.  Roster of Department of Health and Human Services (HHS) Ethics Officials:  http://www.hhs.gov/ogc/hhsethics/contacts.html or http://www.hhs.gov/ogc/contact/contacts.html .  If you have any questions about the ethics materials use this roster to find the appropriate ethics official to contact for assistance. 

4.  The 14 Principles of Ethical Conduct [Codified at 5 CFR Section 2635.101(b)]:   http://www.usoge.gov/ethics_guidance/daeograms/dgr_files/2001/do01004a.pdf  or http://www.usda-ethics.net/science/training/14PRINC.DOC  or http://www.usoge.gov/laws_regs/exec_orders/eo12731.aspx  or http://www.usda-ethics.net/rules/rule2.htm 

5. The Federal Conflict of Interest Statutes:  http://www4.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_11.html and http://www.fda.gov/opacom/ethics/criminaldig.html 

6. HHS Residual Standards of Conduct: http://ethics.od.nih.gov/lawreg/hhs-resid-std.htm.

If you have any questions regarding the above, please contact me.

(Here provide the name and contact information of the sender which is usually the Deputy Ethics Counselor, Ethics Coordinator, or the Committee Management Officer.)

A Mission to Rebuild Reputations

A Washington Post feature article entitled A Mission to Rebuild Reputations surveys the environment after highly publicized procurement scandals. An excerpt:

Boeing says it has made improvements to strengthen the ethics and integrity in its policies and procedures. It combined three divisions to create the Office of Internal Governance, which employs 600 people and helps ensure that all employees get ethics training and that deals are executed fairly.

The Air Force shifted its selection process from one person with virtually absolute power, as Druyun had, to decisions made by the top acquisition official who gets input from advisers.

"We want to be more transparent, have more communication, more checks and balances to improve our process and credibility," Miller said.

IGs: Cheerleaders or Watchdogs?

USA Today has an article summarizing controversies concerning IGs at several agencies and an update of proposed legislation.

Monitoring Whistleblower Use of E-mail

The New York Times reports that the ability of agency management to monitor the e-mail of employees has caused some concern in Congress about whistleblower protection. The SBA OIG web site has an audit report concerning a related issue.

Supervisor Altered Sign-in Times

How accurate is accurate? The Federal Circuit Court of Appeals recently upheld the discipline of a Postal Service supervisor who had falsified at least 17 time records to show that employees had returned to the office before the 5:00 P.M. (Davis v. United States Postal Service, C.A.F.C. No. 2007-3255, 12/10/07). The supervisor had claimed that he had only been entering correct return times for employees who had returned on time but failed to clock in as they should have. Thanks to Fedsmith for the link.

NIH Vacancy - Supv. Ethics Specialist (GS 14/15)

Please see USAJobs announcement at http://jobsearch.usajobs.gov/getjob.asp?JobID=67134955&AVSDM=2008%2D01%2D11+00%3A00%3A06&Logo=0&q=Supv.+Ethics+Specialist&paygrademin=14&paygrademax=15&FedEmp=N&sort=rv&vw=d&brd=3876&ss=0&FedPub=Y&SUBMIT1.x=81&SUBMIT1.y=11

More On New Travel Rule

Since the impermanent links at the GSA web site are hard to use, we have uploaded the text of the Consolidated Appropriations Bill, 2008 (1.5 MB PDF file) as a convenience to our readers.

Two readers had insightful follow-up comments on our previous post about the bill:

Michael Wolf noted:

In your posting "Restriction on Certain Section 1353 Travel Reimbursements" (January 10, 2008), you state that the Consolidated Appropriations Act, 2008 "imposes significant restrictions on the acceptance of 31 USC 1353 travel reimbursements by regulatory agencies. Section 620 of Division D of the Act provides that ‘no … regulatory agency or commission funded by this Act may accept payment or reimbursement from a non-Federal entity for travel … [from] a person or entity subject to regulation by such agency or commission…’"

The application of this restriction is narrower than it may appear at first glance. It does not apply to regulatory agencies government-wide.

Section 3 of the Consolidated Appropriations Act of 2008 states:

Sec. 3. REFERENCES

Except as expressly provided otherwise, any reference to "this Act" contained in any division of this

Act shall be treated as referring only to the provisions of that division.

Therefore, the restrictions on the acceptance of travel payments under 31 USC 1353 in Section 620 of Division D apply only to those agencies and commissions that are funded by Division D, "funded by this Act" (unlike, for example, the anti-lobbying provision in section 720 of Division D which has government-wide application because it says "this or any other act." )

Another knowledgeable commenter agreed and went on to note that the lack of a definition of "regulatory agency" could lead to some confusion in interpreting the statute.

New OMB Rules on Premium Air Travel

OMB has issued new guidance on federal traveler use of premium airline services, in response to September's GAO critical report. Government Executive has details. The key parts of the proposal, to be implemented "immediately":

• Require that premium class travel requests for all agency personnel, including senior-level executives be approved by an individual at least at the same level as the traveler, or by an office designated to approve premium class travel;
• Develop and issue internal guidance that explains when mission criteria and intent call for premium class accommodations;
• Define what constitutes a rest period;
• Require annual certifications of a disability, unless such disability is lifelong;
• Restrict premium class travel for both temporary duty and permanent change of station travel (relocations) when the employee is not required to report to duty the following day; and,
• Prohibit blanket travel authorizations for premium class travel, unless the traveler has a certification of disability.

OGE Vancancy (GS-13 program analyst)

The Office of Government Ethics is advertising for two GS-13 program analyst positions in the Program Review Division, Office of Agency Programs.  The successful candidates will serve as Team Leaders in conducting on-site ethics program reviews at departments and agencies to further OGE’s goals of strengthening the ethical culture within the executive branch, preventing conflicts of interest, and promoting good governance. The vacancies close on

January 25, 2008

.  Interested candidates should refer to 08-OGE-008 at www.usajobs.gov. 

Vacancy Announcements (2) at NIH

Please see the postings on USAJobs.com.  Hyerlinks are below:

DE link for the announcement:  http://jobsearch.usajobs.gov/getjob.asp?JobID=67089804&AVSDM=2008%2D01%2D09+00%3A00%3A06&Logo=0&q=Supv.+Ethics+Specialist&paygrademin=14&paygrademax=15&FedEmp=N&sort=rv&vw=d&brd=3876&ss=0&FedPub=Y&SUBMIT1.x=100&SUBMIT1.y=6

MP link for the announcement:  http://jobsearch.usajobs.gov/getjob.asp?JobID=67090040&AVSDM=2008%2D01%2D09+00%3A00%3A06&Logo=0&q=Supv.+Ethics+Specialist&paygrademin=14&paygrademax=15&FedEmp=Y&sort=rv&vw=d&brd=3876&ss=0&FedPub=Y&SUBMIT1.x=112&SUBMIT1.y=14

Comments on Contractor Compliance/Reporting Proposal Due Monday

Comments are due Monday, January 14 on the proposal to amend the Federal Acquisition Regulation to, among other things, require contractors who become aware of possible legal violations to report them to the government. Here are some resources we've collected to assist those who want to comment on this significant proposal:

1. Download 72_fr_64019_contractor_compliance_and_integrity_reporting.doc (72 FR 64019, the proposal)
2. Download far_amendment_support_letter.pdf (A letter already submitted supporting the proposal)
3. Download far_change_talking_points.doc (Summary of a few of the reasons change is desirable)
4. Download larsen_article.pdf (An article describing the successful implementation of a similar program at the National Reconnaisance Office)

Using Position to Help Foreign National

A new Court of Appeals case, (Lair v. Department of Homeland Security, C.A.F.C. No. 2007-3147 (nonprecedential), 12/14/07) sheds some light on the meaning of "abuse of position." An ICE special agent was terminated for contacting Customs and Border Protection and Citizenship and Immigration Services officials on behalf of a Venezuelan woman. Thanks to Fedsmith for the link.

Restriction on Certain Section 1353 Travel Reimbursements

The Consolidated Appropriations Act, 2008, Public Law 110-161 (H.R. 2764) signed by the President on December 26, 2007, imposes a significant restriction on the acceptance of 31 USC 1353 travel reimbursements by regulatory agencies. Section 620 of Division D of the Act provides that “no ... regulatory agency or commission funded by this Act may accept payment or reimbursement from a non-Federal entity for travel ... [from] a person or entity subject to regulation by such agency or commission ... unless such person or entity is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986.”  Affected agencies should consult the full language of the Act and the corresponding explanatory statement submitted by the Chairman of the House Appropriations Committee.

OGE International Assistance

Previous posts have discussed growing international interest in standards of conduct. OGE's Office of International Assistance and Governance Initiatives has related resources.

Minimal Value for Foreign Gifts and Decoration Act

Thanks to Chip Brooks for the tip that GSA's new $335 amount for "minimal value" will take effect as a Final Rule, superseding the current $305 in 41 CFR 102-42 (and Federal Management Regulation 102-42), retroactive to January 1, 2008.

Reminder: Next Meeting

The January meeting is this Thursday. Case law expanding the application of sexual harassment laws provides a new wrinkle on the age-old question of workplace romances. Guest speaker Greg Weinman's talk on "Personal Relationships in the Workplace" will provide suggestions for responding to the changing environment. Details in our previous post.

GAO Decision on Tanker Contract

The Washington Post reports that GAO has upheld the protest of a $1.2 billion contract awarded to Boeing to maintain a fleet of Air Force refueling tankers:

The GAO last week sustained Pemco's protest over how cost and price were evaluated. Its decision said the "record does not reflect any Air Force analysis as to the realism of certain changes" in Boeing's final proposals "or the potential risk associated with those changes." Officials in the procurement division of the Air Force said they expect to respond to the GAO's findings soon.

The GAO did not rule on Pemco's allegations that a senior Air Force official [i.e., the late Charles D. Riechers] in the office that awarded the contract had a conflict of interest. ...

The GAO said it had been advised by the Air Force that "both local law enforcement and federal government investigative authorities are conducting an ongoing investigation into 'the root cause' of Mr. Riechers' death."

The agency's statement said that "it is our understanding that this investigation will encompass matters that may have a bearing on Pemco's allegations of bias." Because of the ongoing investigations, the GAO "does not express any opinion regarding Pemco's bias allegations."

Update: Government Executive magazine has more on the story.

Mailing List to Web Transition

As previously announced, as of this month, IEC announcements will be distributed through this web site. The IEC is no longer maintaining a manual mailing list, but those members who wish to receive an e-mail echo of all web site posts can sign up for a free third party service called RssFwd. The process was explained in our Nov. 13 post.

Troubleshooting RssFwd

A few members have had problems subscribing to RssFwd, which they were able to solve as follows:

A. Several members have encountered delays of several minutes and eventually receiving the error message "Server Not Found." This is the most common subscription problem encountered. The RssFwd service responds very slowly at times, and attempts to access the server "time out." This may be due to many people taking them up on their offer of free service. In any event, keep trying. Whatever the cause of the delays, it appears that users who have been patient have eventually been able to subscribe.

B. On trying to enter the URL www.iecjournal.org, one member received the error message: "Cannot find file. Make sure the path or the Internet address is correct." This was resolved by entering it with the letters "iec" on the end: www.iecjournal.org/iec

Our Nov. 23 post had some other troubleshooting tips. If you encounter some other problem, let us know, and we will attempt to help.

Alternatives to RssFwd

As explained previously, RssFwd is not a perfect solution. It's a free third party service, and the provider offers little or no technical support. Once the subscription difficulties mentioned above are overcome, the service seems to operate very reliably, though a few members have complained that the formatting of e-mails seems unnecessarily hard to read. While RssFwd is functional, we welcome suggestions as to better alternatives, preferably ones that will work with the IEC's non-existent budget.

Many IEC members may find a dedicated RSS reader preferable to the e-mail echo. Many are available. These are very useful, but have the drawback that you don't receive updates unless you remember to use them.

In response to our request for advice, Kevin O'Keefe, an expert on RSS use by lawyers, recommended an online RSS reader, Google Reader. It has the advantages of being:

1. Free, and
2. An online service (no need to download any software to your computer).

Homeland Security Job Opening

U.S. Immigration and Customs Enforcement, Department of Homeland Security, has posted vacancy announcements for program analysts to include one position for an experienced ethics specialist.  This position is located in the Ethics Office, Office of General Counsel. 

Applicants should be familiar with OGE regulations, ethics program requirements and financial disclosure. The incumbent will participate in all aspects of managing and operating the financial disclosure program, including reviewing disclosure reports.  The incumbent will identify and analyze real and apparent conflicts of interests and assist the assigned designated ethics attorney with resolution.  The incumbent will assess and analyze ethics training needs and tools and assist in developing communication strategies on ethics issues, including use of ICE/DHS internet portals and distance learning capabilities.  The position requires knowledge of the OGE Ethics Program; knowledge of applicable Federal laws, regulations, legal and technical precedents and policies; and knowledge of management methods, planning techniques, program evaluation, and system analysis.  For further information please contact Susan Heller Bailey, Deputy ICE Ethics Officer, at (202) 616-0113.

Accepting Gift of Better Airline Seat?

After suggesting that airline fliers wishing to show respect for military members give up their "big, cushy first-class seats," a Government Executive columnist subsequently dealt with the ethics issues involved, with an assist from DoD's Eric Rishel. Eric introduced the notion of “prohibited sources” to the discussion:

This means that a service member flying out to test a new plane, gadget or gizmo, should not accept a first-class seat from a contractor program manager whose company paid for that cushy seat (on the grounds that this might be an attempt to gain some influence with the service member).

But, if a service member is offered a seat from someone who does not fall into the dreaded “prohibited sources” category offers a big cushy seat, it can be accepted – with some additional caveats, Rishel said.

It probably would not be a good idea for a three star in uniform to accept the upgrade because it would provide the impression of some “fat cat deal going on,” Rishel said. He added that the Air Force has regulations that say no one in the Air Force should fly in first class in uniform, a hard rule to adhere to as a “practical matter” if the cushy seat is offered on the plane.

OGE Calendar: January

Excerpts from the 2008 OGE Calendar:

January 1 Today marks the beginning of the Public Financial Disclosure reporting period. Agency ethics officials may want to distribute financial disclosure packets to public filers. (5 CFR § 2634.308(a))

January 1 Today marks the beginning of the Confidential Financial Disclosure reporting period. (5 CFR § 2634.908(a))

Sometime in January: Agencies must complete an annual training plan for the current calendar year. This plan does not need to be submitted to the U.S. Office of Government Ethics (OGE).

Heads Up on February due date: The 2008 Agency Ethics Program Questionnaire is due to OGE on February 1. (5 CFR § 2638.602(a))