IEC Journal

HUD Secretary Out?

The Wall Street Journal is predicting that HUD Secretary Alphonso Jackson will resign soon, as allegations of favoritism in contract awards make it too difficult for him to work with Congress.

April 1 Update: The Los Angeles Times confirms Jackson's resignation, quoting his explanation: "There comes a time when one must attend more diligently to personal and family matters. Now is such a time for me."

GAO Report on Contractors in Workplace

A Government Executive article examines a new GAO report on the increasingly blurry line between contractors and civil service employees and possible responses:

"Every day, contractors work side by side with federal employees, and yet the government might not even know when the self-interests of contractors are pitted against the interests of the American taxpayer," Lieberman said. "Given the government's increased reliance on outside contractors, we need an immediate overhaul of federal ethics policies to ensure that conflicts of interest don't impair the impartiality of contractors or their employees."

On Wednesday, the Civilian Acquisition Council and the Defense Acquisition Regulation Council, which recommend changes to the FAR, announced that they were considering new contractor conflict-of-interest clauses. The notice in the Federal Register said the councils want to determine whether the regulation's current guidance "adequately addresses the current needs of the acquisition community."

A Washington Post story on the GAO report is available.

Thanks to Mark Stone for links to the Federal Register notices, summarized as follows:

• Employee PCI: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are interested in determining if, when, and how service contractor employees’ personal conflicts of interest (PCI) need to be addressed and whether greater disclosure of contractor practices, specific prohibitions, or reliance on specified principles would be most effective and efficient in promoting ethical behavior.
• Organizational Conflicts of Interest:   The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are seeking information that will assist in determining whether the Federal Acquisition Regulation System’s current guidance on organizational conflicts of interest (OCIs) adequately addresses the current needs of the acquisition community or whether providing standard provisions and/or clauses, or a set of such standard provisions and clauses, might be beneficial.

The Measurable Gets Managed

Thanks to Tom Shoop at Government Executive's Fedblog for the pointer to a thought-provoking paper by Eric Biber, an acting law professor at U.S. Berkeley. Biber's thesis is that "Agencies will systematically underperform on goals that are hard to measure and that conflict with the achievement of other more measurable goals. The lack of information about these hard-to-measure goals means that there will be fewer rewards to agencies for any success on those goals." This is not exactly a new idea. "What gets measured gets managed" is a cliche in leadership training. However, the idea could help us better understand ethics program objectives.

It's easy to count how many employees file financial disclosure forms, so OGE, and implementing agencies, tend to emphasize those. Similarly, it's easy to measure how many employees receive mandatory ethics training (in fact, the ease of counting is one of the attractions of the more sophisticated forms of online training).

What are the more difficult to measure parts of our jobs that deserve more emphasis?

Admiral Investigated for False Statements

USA Today reports on the firing of a Navy admiral. As is often the case, the consequences of the coverup proved worse than the underlying offense:

[The Admiral's superior] "emphasized" to CNN that Stufflebeem, a former commander of the 6th Fleet, was being punished for the "false and misleading" information he gave to investigators, and not the underlying allegations about an "inappropriate relationship."

April 3, 2008 Meeting

Our speaker at our Thursday, April 3, meeting will be Frederick ("Rick") Joyce, chair of the Communications Group of Venable LLP.  Rick's topic will be "Electronic Privacy Issues in the Government Workplace."  Rick will provide information on the constitutional foundation for electronic privacy laws, the various privacy laws, and the various challenges agencies face because of the numerous electronic devices employees use both in and out of the workplace.

Rick Joyce has represented some of the world's largest Internet backbone service providers, interexchange carriers, wireless messaging, cellular and PCS operators, satellite providers, and other telecommunications companies in a variety of commercial transactions, certifications, ratemakings and other regulatory proceedings before state and Federal agencies, courts, and legislative bodies.  He has written extensively and testified before Congress on these issues and is a frequent lecturer on telecommunications law, including at the last OGE ethics conference.  Rick graduated magna cum laude with a BA from George Washington University and received his JD from Georgetown University Law Center.   For those who feel like brushing up on this topic prior to next week, Rick has recently authored the following articles:

“Liability for All, Privacy for None: The Conundrum of Protecting Privacy Rights in a Pervasively Electronic World,"

Valparaiso

University

Law Review, Vol. 41, Number 4, 2007.

"The NSA's Surveillance Program and Your Business: Why You Should Care About Hepting v. AT&T" BNA's Privacy & Security Law Report, August 21, 2006.

Our April 3rd 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 April meeting can pre-register by contacting Patrick Carney not later than Monday, March 31st. 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.

Treasury Recruiting GS 13/15 Lawyer

The Department of Treasury is recruiting a lawyer to work on "Departmental administration, litigation, regulatory matters, and ethics matters." Closing date is April 11.

OGE Updates Reporting Thresholds

Thanks to Mark Stone for the alert that OGE has published a Federal Register posting changing the reporting thresholds for gifts, reimbursements and travel expenses on the SF 278 and OGE Form 450, and the ceiling on non-sponsor gifts under the widely attended gathering rule (from $305 to $335). Mark notes the need to keep track of these changes, since the financial disclosure forms will not reflect these new dollar amounts until they are updated.

Computer Use Can Lead to Firing

U.S. News & World Report has an article on five ways using an office computer could lead to an employee's being fired, including viewing inappropriate web sites, playing games, blogging, posting photos on your social network site and writing inappropriate or offensive emails. Thanks to Government Executive's Tech Insider blog for the link.

OGE Training on SF 278

OGE will conduct its SF 278 review course in late April and Early May. Details are available at the OGE web site. Here's the course description:

This course focuses on the knowledge and skills new reviewers need to complete a review of the Executive Branch Public Financial Disclosure Report (SF 278).  The course examines how to review the reports for technical accuracy and identify potential financial conflicts of interest.  The course also addresses how to determine the best action to resolve various types of financial conflicts. 

The intended audience is: "Ethics officials and other agency personnel who review and assess employees’ public financial disclosure reports and are new to the review process."

FDR Conference Registration

The Federal Dispute Resolution Conference offers an early registration discount through March 31. This year's conference will be in Orlando from August 3-7.

GAO Report on Contractor Conflicts of Interest

Thanks to OGE for alerting us to a new Government Accountability Office report entitled Defense Contracting: Additional Personal Conflict of Interest Safeguards Needed for Certain DOD Contractor Employees (March 2008). Some of the concerns overlap with those expressed by OGE including, Report to the President and to Congressional Committees on the Conflict of Interest Laws Relating to Executive Branch Employment (January 2006).

FEC Ethics Officer Deadline Extended

Rene Curtis advises us that the closing date for this GS 13-14 job has been extended to 4/11/08. Call 202-694-1080 or visit the FEC web site for a copy of the vacancy announcement:

The Federal Election Commission is looking for a bright, articulate, enthusiastic individual with outstanding writing skills and superior analytical abilities to serve as the Commission’s Deputy Ethics Officer in the General Law and Advice Division of the Office of General Counsel.  If you are ready to contribute to matters of importance that will challenge your mind and develop your career, please consider joining our dedicated team of public servants.

Alternative RSS-to-Email Service

During testing over the past few weeks we have found Feedblitz to be a very acceptable alternate to Rss_Fwd, discussed here previously as a way to automatically receive e-mails containing each post to this web site. Feedblitz is typically slower, sending the e-mails the day after they appear on the web site, but its formatting is better.

We offer these suggestions as a service to our readers. Using these free services has not resulted in a perceptible increase in spam nor other problem, but we do not endorse either provider.

Next IEC Meeting To Be Expanded

OGE has announced that it will hold a special hour-long session after the next IEC meeting:

The recent release of the 2007 “National Government Ethics Survey” (Survey) by the Ethics Resource Center (ERC) has attracted significant attention in news media and has emerged as a popular topic of conversation among executive branch ethics officials.  The ERC is a well-established, nonprofit, nonpartisan organization devoted to independent research.

Dr. Patricia Harned, ERC’s President, will present an overview of the Survey and answer questions during the IEC meeting (scheduled for 12:30 to 1:30).  Dr. Harned has agreed to participate in OGE’s program (scheduled from 1:30 to 2:30) to provide ethics officials with an opportunity for in depth discussion of survey use and methodology.  The discussion will address the varied uses of survey instruments and the range of survey instruments currently used by OGE. In the context of issues highlighted in analysis of ERC’s Survey, participants will explore the role of surveys in improving agency ethics programs.  We will specifically focus on identifying the types of survey-based information that would be most useful to the federal executive branch ethics program.  Because the scope of discussion will reach significantly beyond issues specific to ERC’s Survey, ethics officials are encouraged to participate in the discussion program even if they are unable to attend the IEC program.The previous IEC announcement has registration details.

The survey is available at www.ethics.org.

Boeing Loses Tanker Contract

Boeing suffered a large financial hit after losing a $40 billion contract to build a new generation of Air Force tankers. A Government Executive story weighs some of the fallout.

While some analysts claimed the company's 2002 ethics scandal, which resulted in Air Force and Boeing officials serving prison time, was not a factor in the decision, others were not so sure. The Seattle Times quoted one worker:

Michael Cummins, 52, of Everett, blamed the ethics scandal that emerged during the earlier tanker competition for costing Boeing the bid this time as well.

"It boils down to past history," said Cummins, who works on interior mechanics for planes including the 767. "You can never take things back after they're done."

Analyst Loren Thompson told Reuters:

Boeing is still coping with the aftermath of the procurement scandal earlier in the decade. It had great difficulty communicating with its Air Force customer and understanding how its customer was thinking.

The decision provoked memories of the previous tanker competition. Darleen A. Druyun, the top Air Force procurement chief in 2002, admitted that she favored Boeing while negotiating for a job with the company. Both she and Boeing's former CFO went to prison, and Boeing paid $615 million to settle charges of misconduct. Air Force officials denied these events were a factor in the current decision. Sue C. Payton, assistant secretary of the Air Force for acquisition, said of the previous controversy, "That was a half-decade ago."

Whatever the reason for the newest Air Force decision, a perception that ethics violations can hurt the bottom line in a big way may be a good thing for the procurement community and the government in the long run.

Article re CBP employee conviction

The article addresses problems encountered by Customs and Border Patrol (DHS) relating to employee criminal activites, in particular an employees conviction for participation in a drug trafficking ring by misusing her position to get access to non-public information.

http://www.miamiherald.com/news/miami_dade/story/444503.html

Putting A Damper On March Madness?

Updated March 6 to improve formatting of quoted section and add updated citation to GSA regulation:

It's no fun to be a spoilsport, but that didn't stop one agency from recently advising its workforce why NCAA pools violate government regulations, as follows:

First, regulations promulgated by the General Services Administration (GSA) bar anyone from participating in games for money or personal property, the operating of gambling devices or the conduct of a lottery or pool, while in or on property controlled by GSA. 41 C.F.R. § 101-20.306 [Nancy Baumgartner advises us a better citation is 41 C.F.R. § 102-74.395]. This regulation applies not only to Federal employees, but also to members of the public while they are visiting GSA-controlled property.

Second, Office of Personnel Management (OPM) Government-wide Standards of Conduct regulations, contained at 5 C.F.R. Part 735, prohibit Federal employees from conducting or participating “in any gambling activity including the operation of a gambling device, in conducting a lottery or pool, a game for money or property, or selling or purchasing a numbers slip or ticket” while on Government-owned or leased property or while on Government duty. 5 C.F.R. § 735.201.

When read together, these authorities clearly prohibit gambling (including lotteries, football or basketball pools and similar activities) undertaken by [agency] employees while on official duty, while on Government property, or while using Government property including Government computers and Government vehicles, unless the employee undertakes the activity as part of his or her official law enforcement duties.

Under Federal common law, gambling is defined as: (1) the furnishing of consideration (betting something of value – usually money), (2) in a game of chance, and (3) that offers a reward prize – money or otherwise. FCC v. American Broadcasting Co., 347 U.S. 284, 290-91 n.8 (1954), and U.S. v. Tansley, 986 F.2d 880, 886 (5th Cir. 1993). An event that does not include all three of these elements is not gambling.

Violations of these regulations may result in disciplinary action, including removal from the Federal service.

Although Federal agencies may conduct fundraising activities for approved charitable organizations during the Annual Combined Federal Campaign (CFC) (governed by criteria established by the Office of Personnel Management), it is important to note that the CFC does not authorize gambling and that “[t]he CFC is the only authorized charitable fund-raising drive in the Federal workplace…. No other fund-raising drive may be conducted in the Federal workplace without the express written permission of the Director [of OPM] ….” 5 C.F.R. § 950.102(a).

Whistleblower Survival Tips

The POGO Blog recommends an interesting book: The Art of Anonymous Activism: Serving the Public While Surviving Public Service.  Chapter 1, "Blowing the Whistle May Be Hazardous to Your Professional Health," is available online.

Army Official & Alabama-based Private Contractor Sentenced in Public Corruption Case

http://www.usdoj.gov/opa/pr/2008/February/08_crm_154.html

March 13th IEC Meeting

At our next meeting, we are pleased to host Dr. Patricia Harned, President of Ethics Resource Center (ERC), who will discuss with us the ERC’s recently-released 2007 National Government Ethics Survey (NGES). Those who have not yet read the NGES can obtain a copy from the ERC website.  Our March 13th meeting will take place from 12:30-1:30 in the OTS auditorium, 1700 G Street, N.W. -- the corner of 17th and G Streets.  Please note this slightly later than normal starting time. 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, March 10th. 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.

Seminar on "Moral Courage"

The Institute for Global Ethics will conduct a seminar in Washington on April 8, described as follows:

Our one-day Moral Courage Seminar is an interactive, small-group immersion course, based on Rushworth Kidder's latest book, Moral Courage. The course helps participants understand the importance of moral courage in 21st-century culture, identify it and define its elements, put it into practice for themselves, and help others recognize and embody it.

More information is available. We are passing this along for whatever value it might have, but are not endorsing it, since since we have no experience with it or this organization.

OGE Calendar: March

Excerpts from the 2008 OGE Calendar:

March 31--The October 1 - March 31 period for reporting payments of travel accepted from non-federal sources ends today. Agencies should begin to prepare their 1353 travel reports. (31 U.S.C. 1353)

March 31--DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Confidential Financial Disclosure reports granted first 45-day extensions. (5 CFR § 2634.903(d))