IEC Journal

New MS Windows Includes RSS Reader

As noted previously, RSS readers make it easier to keep up with information from web sites using this new technology, including this one. Many who haven't already adopted RSS will be interested to learn that the latest version of Microsoft's flagship browser, Internet Explorer 7, includes a built-in RSS reader. An MS Windows help page includes an explanation of RSS feeds and how to use them.

Based on limited testing, Microsoft's version does not appear to work as well as many of the alternatives available, but it has the major advantage of being included with software many agencies will be installing anyway.

Reminder: Meeting on Thursday

The next IEC meeting will be Thursday at 12:15. Ms. Ana Galindo-Marrone of OGE will speak on recent Hatch Act developments, including applicability to federal employees engaged in blogging, joining candidates’ websites, belonging to internet-based social networks, and/or emailing. Location and other details are in a previous post.

Senate Passes IG Reform Bill

Last week the Senate approved the Inspector General Reform Act of 2007, S 2324. The Washington Post's Government Inc. blog had some thoughts on the bill:

I'm not sure most people understand how close to the center of government IGs operate. They need robust support and plenty of room to dig deep on behalf of taxpayers.

Or, when it comes to contracting, we could allow the companies to police themselves, as some proponents of procurement reform have suggested.

The magic of the market, I think they call it.

HHS GC ethics attorney vacancy (GS 11-14)

Please see the attached announcement for an attorney for the HHS OGC ethics division, advice and financial disclosure branch.   Download recruitnewatty_adv_4_2008_ihs.pdf

Legal Ethics for Criminal Investigators

Though it deals more with what lawyers call criminal procedure than standards of conduct law, the Department of Justice memo on Legal Ethics for Criminal Investigators available through the Federal Law Enforcement Training Center could be useful to some ethics trainers.

DOJ Site Ethics Summaries

Even experienced ethics lawyers might find the brief, well-organized summaries of ethics rules at the Department of Justice web site valuable as an occasional good quick research tool.

Removal for Misuse of Official Records

IRS employee used official records for personal use and was removed.  http://www.fedsmith.com/articles/records/file/Albritton08-3075.pdf

Following Up on Rick Joyce Tech Privacy Presentation

The article mentioned by Rick Joyce, the April IEC speaker, "Liability for All, Privacy for None: The Conundrum of Protecting Privacy Rights in a Pervasively Electronic World," 41 Val. U. L. Rev. 1481 (Summer 2007) is not yet available at the Valapriso Law Review web site. Because the article is copyrighted, we won't reproduce it here, but note for those interested that it is available through Westlaw using the search term 41 VALULR 1481.

The Department of Justice Cybercrime.gov site has additional information available for understanding tech privacy issues, including the Electronic Search and Seizure and Prosecuting Computer Crimes manuals.

Hatch Act & E-mail, Blogs

Stephen Barr's Federal Diary column has an update on OSC's interpretation of the Hatch Act. OSC's new, harsher treatment of e-mail had been reported here previously. Blogging about politics from an office computer is an obvious no-no, but Barr points out that blogging from home can also cause problems:

Presidential campaign Web sites, for example, encourage supporters to create blogs on the site to advocate the candidate's positions. They also usually carry a link for campaign donations, and that can be trouble for a federal employee, even when using a home computer. The OSC may view the donate button as soliciting for political contributions, another no-no under the Hatch Act, and set off an investigation.

May 1st Meeting

The IEC is pleased to announce that the speaker at our Thursday, May 1st meeting will be Ms. Ana Galindo-Marrone, Chief of the Hatch Act Unit, Office of Special Counsel, whose presentation will be entitled, “The Hatch Act - Hot Topics for the 2008 Presidential Election Season.”  Ms. Galindo-Marrone, who began her employment at OSC in 1998, has headed the Hatch Act Unit since 2000. The Unit issues advisory opinions to federal, state and local officials nationwide and investigates and litigates Hatch Act cases.

The Hatch Act, of course, governs the political activity of executive branch employees of the federal government.  Employees covered by the Act are subject to certain protections and restrictions with respect to their political activity.  While it is always important for federal employees to know and understand their rights and responsibilities under the Act, it is particularly significant this year as the Presidential election season goes in to full swing, and employees become more politically active.  Ms. Galindo-Marrone’s presentation will discuss in detail the prohibited and permitted activities under the Hatch Act with special attention to the novel issues and trends in activity that OSC has seen during this and the last few election cycles.  For example, among other things, she will address the Hatch Act’s application to federal employees who are blogging, joining candidates’ websites, belonging to internet-based social networks, and/or emailing. 

Our May 1st 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 May meeting can pre-register by contacting Patrick Carney not later than Monday, April 28th. 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.

DHS Seeks GS-15 With Broad Background

Ethics responsibilities are one of many involved in a DHS recruitment for a GS-15 lawyer. Deadline is May 6.

Education & Communication Awards

OGE is soliciting nominations for its 2008 Education and Communication Awards, to be presented at OGE's national conference this fall. Here's a list of previous winners of the OGE Training Awards Winner’s Circle:

*  Bureau of the Public Debt - EthicsSmart posters and newsletters used to complement ethics
training.  New posters are developed monthly.  The monthly newsletter uses a question and
answer format, provides tips and suggestions, and offers information for managers to discuss
at staff meetings.

*  Communications Electronics Life Cycle Management Command - Ethics Smart Card.  The
credit card-sized cards provide useful information about permissible and impermissible post-
employment activities.  Easily read and portable, the cards were widely distributed to senior
military and civilian personnel.

*  Natick Soldier Center - instructor-led, interactive training targeted to the specific needs of a
highly educated group of scientists, engineers, and supporting staff.  The training program
contains numerous analogies and references to current events to illustrate various points.  It
effectively makes the case as to why the information is relevant to the audience.

*  National Aeronautics and Space Administration - Ethics Survivor, an instructor-led game
based on the TV program.  Props are used to facilitate the game and add an element of
realism.  Questions are used to explore a range of ethics issues.

*  U.S. Agency for International Development - a comprehensive ethics program.  This
program includes values-based instructor-led ethics training; customized rules-based
instructor-led training; strong, visible agency leadership buy-in; annual ethics award
(including a plaque and cash award); electronic ethics tip of the day; and an ethics web site.

*  U.S. Department of Agriculture - an online horse race.  Participants select ethics questions of
varying degrees of difficulty. The question selected and the answer chosen define
participants’ pace in the race.

*  The Department also has several Self-Help tools that allow employees to identify possible
ethics problems.  The tools support the work of the ethics official.  By completing the tools,
employees are either directed to the ethics official for guidance or learn that it is unlikely that
they have an ethics problem.

*  U.S. Department of Commerce - an instructor-led program that uses flashcards.  The
flashcards cover a range of topics to include post employment, gifts, misuse of position,
Hatch Act, etc.  The instructor presents information and distributes the cards to participants. 
Based on the cards, participants state whether a particular behavior is or is not allowed.

*  U.S. Department of Education - Ethics Jeopardy, using the TV game show format.  This
instructor-led program is used for basic ethics training.  By varying the format the game was
used effectively for small and large groups.

*  U.S. Mint - 2006 General Training.  This interactive, instructor-led training addresses gifts,
conflicts of interest, outside activities, etc.  The program provides a clear sense of why the
training is important.

*  U.S. Office of Personnel Management - an instructor-led program, Public Service and
Ethical Leadership, sponsored by the Federal Executive Institute.  The highly interactive
program includes case studies, video clips, classic and contemporary readings, and self-
assessment exercises.

Vacancies at OGE and NASA

1. OGE SEEKS LEAD MANAGEMENT ANALYST, GS-0343-14
The Office of Government Ethics is seeking a highly-motivated and enthusiastic person to join a team of dedicated professionals in the Program Review Division. The ideal candidate will have superb organizational and analytical skills and a strong desire to make a positive and practical impact in the Federal Government. In addition, the ideal candidate should also thrive in an exciting, fast-paced environment full of opportunities and challenges. For more information, please see Job Announcement Number 08--013 under the Vacancy Announcements and Other Information section of the Website.

2. NASA SEEKS PARALEGAL SPECIALIST, GS-9050-09
There is currently an opening for a GS-9 Paralegal Specialist (GS-9050-09) in the Office of the General Counsel at the National Aeronautics and Space Administration (NASA) Headquarters in Washington, DC. The Paralegal Specialist would join the NASA Ethics Team and would also help support attorneys in other general administrative law matters. The announcement can be found on OPM’s USAJOBS website with the vacancy announcement number given below.  The vacancy announcement closes April 28, 2007 on USAJobs.

US National Aeronautics & Space Administration, Vacancy Ann. #HQ08B0143 Paralegal Specialist, GS-0950-09.

FBI Director Cites Public Corruption Rise

An Associated Press story covers FBI Director Robert Mueller's Thursday speech to the American Bar Association in which he noted a 50% increase in public corruption cases and an 80% increase in corporate fraud cases over the last five years. Mueller noted:

Anyone who follows the news these days and sees repeated references to corporate fraud and public corruption might think the nation is in the midst of a moral crisis. Have we as a society become more corrupt? Or have we in the FBI simply become more adept at rooting out fraud and corruption?

Smithsonian Official resigns over ethical probe

The head of the Smithsonian Latino Center resigned in February after an internal investigation found that she violated a variety of rules and ethics policies by abusing her expense account, trying to steer a contract to a friend and soliciting free tickets for fashion shows, concerts and music award ceremonies, according to records released yesterday by the Smithsonian.

See full article at  http://www.washingtonpost.com/wp-dyn/content/article/2008/04/14/AR2008041401913.html

OGE seeks Program Support Clerk – SUMMER HIRE, GS-0303-04

The Office of Government Ethics (OGE) is seeking two highly-motivated and enthusiastic students to assist a team of dedicated professionals. The ideal candidates will thrive in an exciting, fast-paced environment full of opportunities and challenges. This vacancy is designated for individuals selected under the Student Temporary Employment Program (STEP) - Summer Employment. For more information, please see Job Announcement Number 08-OGE-010 under the Vacancy Announcements and Other Information section of the OGE Website at http://www.usoge.gov/pages/about_oge/other_info.html.

Cityethics.org

CityEthics.org is an interesting effort to promote better ethics programs for city and county governments. Their web site has a wealth of material. While it's far from the most useful thing at their web site, I liked the Top Ten Ethics Films list.

Purchase Card Misuse--Another Perspective

OhMyGov! has a different view of the news reports cited yesterday:

Headlines like this weekend's create and encourage an undeserved distrust in government: a tasteless but successful attempt to tar the majority of employees with a brush that should be reserved for only a few.  We don't question that waste exists and must be eliminated.  Instead, we encourage a more deliberate investigative reporting process to help the public recognize the true source of the waste.  After all, it's important we recognize the success in government, not just the failures.  Headlines that infer a greater proportion of egregious behavior tarnish the image of the over 240,000 dedicated federal employees of the Veterans Health Administration who are responsible for running the nation's largest integrated care system for over 5 million veterans worldwide.  And that just isn't fair.

Thanks to Fedblog for the pointer.

Purchase Card Misuse

The GAO report on abuse of government purchase cards, discussed in a Washington Post story Wednesday and in Stephen Barr's Federal Diary today, is a public relations nightmare. Fortunately OMB Chief Clay Johnson put it into perspective:

"The vast majority of civilian employees, government employees, use the cards responsibly. At the same time, I would say there is abuse, and the goal is zero, and we need to make it zero."

More on Hill Financial Disclosure Controversy

The Washington Post has a story about the Capitol Hill controversy reported here Wednesday. The personal information in question has been available for years, but it looks like Internet disclosure was the flash point:

For several years, LegiStorm has published salary and expenditure reports that are released regularly by the House and Senate. The reports, released quarterly by the House and semiannually by the Senate, provide detailed information on how much each lawmaker spends, along with the names, titles and salaries of every employee.

In late February, however, LegiStorm expanded the data it provides by putting the staffers' personal financial disclosure forms online. Those documents, which must be filed by senior aides, contain explicit detail on aides' finances -- including bank accounts and investment portfolios -- as well as some home addresses and signatures.  ...

"Who knew it was going to get posted on the Web? It's shocking," said one House Democratic chief of staff, who requested anonymity to discuss her personal finances. "Now that anybody can look it up on the Web, I don't know if I like it anymore." ...

Matt Reres Honored

Government Executive magazine has a nice profile of Matt Reres, former senior Department of Army ethics and fiscal law lawyer, as an exemplar of the qualities honored by the Presidential Rank Award. Gov Exec did not mention one of Reres' achievements:

He was one of the first senior federal lawyers to make effective use of the World Wide Web. He was posting useful material on the Army General Counsel's web site long before most lawyers knew what the Internet was.

Limiting Unnecessary Risk Exposure

A transparency-oriented watchdog-type web site recently created controversy by exposing personal information from Congressional financial disclosure forms that could arguably be used in identity theft.

An alert reader suggests that this controversy illustrates the desirability of reminding SF-278 filers that their children's names and the filer's personal home addresses do not need to be listed on the SF-278 report. OGE allows filers to identify assets belonging to a filer's child as belonging to a "dependent child" (without referencing the child's age, gender or name).  This fully complies with the disclosure rules while preserving the children's personal privacy. Thanks for the timely tip!

Proposed FAR Change Requiring Contractor Self-Reporting

The April Government Executive magazine has a feature story on the November 2007 proposal by the  Civilian Agency Acquisition Council and the Defense Acquisition Regulation Council to amend the  Federal Acquisition Regulation and require that contractors report possible criminal violations of federal law to agency contracting officers and inspectors general.

FEMA GS-14 General Attorney Vacancy

FEMA has a GS 14 general attorney position open.  Promotion potention is to a 15, and it includes being an Ethics Official.  JOA # DE-08-358-RZB.  Announcement closes April 17, 2008.

Please see the full announcement at http://jobsearch.usajobs.gov/getjob.asp?JobID=70430892&aid=28274817-448&WT.mc_n=MKT000125. 

 

Electronic Privacy Issues in the Government Workplace

As the recent investigation of an inspector general for allegedly spying on the e-mail of his subordinates demonstrates, few topics are more timely than electronic privacy in the workplace. Rick Joyce provided his insights on the subject to a filled hall at the April IEC meeting.

Mr. Joyce, chair of the Venable Communications Group, built on topics covered in some of his multiple related magazine articles and his well-received presentation at the last worldwide OGE conference. His presentation included an excellent summary of the relevant statutes and trends in the case law. He emphasized the need for management to not merely have clear electronic monitoring policies, but to make sure they are communicated effectively to the workforce. Management must also make sure not to inadvertently override its written policies through inconsistent oral comments or practices (cf. Quon v. Arch Wireless Operating Co.). Mr. Joyce's slide show has much more detail on these and other issues.

OGE Releases "Grand Slam" Crossword Puzzle

OGE has released its "Grand Slam" crossword puzzle, a compliation of the five popular puzzles released in 2007. It's available in multiple versions:

1. Fillable Version (Requires browser with Java)
2. Section 508 compliant version
3. Print Versions:  Puzzle (PDF)    Answers (PDF)

OGE suggests the following possible uses:

• During in-person annual ethics training
• As part of written annual ethics training during the two years in which you do not provide verbal training
• As part of a leadership initiative aimed at your agency’s supervisors, encouraging them to discuss the answers with their employees at a staff meeting
• During presentations to employees
• As part of your ethics or agency newsletter

IEC eFiling Working Group

The IEC eFiling working group meeting scheduled for this afternoon is moved to April 23 at the OGE Conference Room from 1:30 - 3:30. A call in number will be provided for those preferring to call in to participate. The topics include:

• Handling of eFiling at National OGE Conference in Sept.
• Resume discussion of the eFiling Roadmap with view towards presenting it or portions at the Conf.
• Other topics to be determined.

Contact group chair George Hancock for more information:

703.696.5512 (Desk Monday & Thursday)
703.915.0022 (BlackBerry)

4 Vacancies at USDA Office of Ethics

Please see USAJobs for the full announcements:

Supervisory Program Specialist (x3) - JOA # OE-08-066 - This position is located within one of four major branches within the Office of Ethics (OE) for the U.S. Department of Agriculture (USDA). The incumbent is charged with developing, administering, ethics programs.

Senior Ethics Program Specialist - JOA # OE-08-040 - This is the professional level position within the USDA Office of Ethics. The incumbent assists the development of departmental ethics regulations, policies, and serviced delivery systems.

OGE Calendar: April (& May Preview)

Excerpts from the 2008 OGE Calendar:

April 15--Reminder: Unless further information is required, annual Confidential Financial Disclosure reports should be certified today. (5 CFR § 2634.605(a) and 2634.605(f))

Looking ahead to early May:

May 1--An updated list of Presidential appointees confirmed by the Senate (PAS), Designated Agency Ethics Officials (DAEO), and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE NLT today for review and certification. (5 CFR § 2638.601)

Reminder: Monthly Meeting on Thursday (& Slides)

The guest speaker at Thursday's 12:15 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." The previous announcement has more information. A copy of Mr. Joyce's handouts is available.