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.