IEC Journal

ICE attorney arrested for accepting bribes

An attorney for U.S. Immigration and Customs Enforcement and his wife were arrested on suspicion of accepting thousands of dollars from both legal and illegal immigrants in exchange for immigration benefits, authorities said.  See full article at http://news.yahoo.com/s/ap/20080627/ap_on_re_us/immigration_corruption

Accessing OGE Mailing List Archives

The size of OGE's OGE-ETHICSINFO-L mailing list (2700+ subscribers) demonstrates that there is widespread understanding of the value of this key resource. For those not already enrolled, the OGE web site has directions for subscribing.

Many subscribers may not know of a subsidiary benefit: Access to the mailing list's archives, via a search engine or selecting dates.

VA Attorney Vacancy GS-11-14

The Department of Veterans Affairs is seeking an enthusiastic attorney to join their staff at the GS 11-14 level.  VA's mission, serving those who have served our nation, attracts highly-motivated public servants.  If you are interested in working hard at work worth doing, and have at least one-year experience in Government ethics, please contact us.  The job announcement can be found here:
http://jobsearch.usajobs.gov/ftva.asp?seeker=1&JobID=73094920 

OGE Vacancies (2): Attorney GS-13-15

The U.S. Office of Government Ethics is seeking two attorneys to join its Office of General Counsel and Legal Policy.  The Office of General Counsel and Legal Policy provides oral and written advice to DAEOs and ethics counselors throughout the Executive Branch on a wide variety of topics of interest to the ethics community; prepares DAEOgrams and advisory opinions; makes presentations to Federal agencies and other organizations; works with the White House and Executive Branch agencies in reviewing candidates for positions requiring Senate confirmation; drafts legislation and regulations, formulates ethics and conflict of interest policy for the Executive Branch; and assists the OGE Director in the administration of the agency.

Successful candidates should have familiarity with Federal conflicts of interest and ethics laws and possess strong writing and presentation skills.  Experience working in an Executive Branch agency ethics program is highly desirable.  These vacancies will be filled at the GS-13 to GS-15 level depending on experience and qualifications.  Please contact Don W. Fox, General Counsel, or Walter M. Shaub, Jr., Deputy General Counsel, at (202) 482-9292 for additional information.  If you are ready to join a collegial and dynamic team of professionals dedicated to public service, please send a resume or optional form 612 along with proof of good standing in a Bar of a state or territory of the United States to Marilyn L. Bennett, Program Analyst, U.S. Office of Government Ethics, Suite 500, 1201 New York Avenue N.W., Washington, D.C. 20005 or by e-mail at recruit@oge.gov.

NIH GS-15 Vacancy

The National Institute of Diabetes & Digestive & Kidney Diseases (NIDDK), NIH, is currently recruiting for a Supervisory Ethics Program Specialist, GS-301-15.  The incumbent will serve as the Deputy Ethics Counselor (DEC) and Director of the Ethics Office.  Please share this vacancy announcement with Federal employees who might be interested and eligible in filling this critical position within the NIDDK.  The USAJOBS announcement number is HHS/NIH-2008-2812.  Below is the link to the complete vacancy announcement.   

http://jobsearch.usajobs.gov/getjob.asp?JobID=73287329&AVSDM=2008%2D06%2D27+00%3A03%3A02&Logo=0&sort=rv&vw=d&brd=3876&ss=0&customapplicant=15513,15514,15515,15669,15523,15512,15516,45575&q=Supervisory+Ethics+specialist+maryland

Campaign Involvement by Senior Officials

An HHS memo reposted at the NIH Ethics web site entitled "On the Road" During the Campaign Season: A practical Guide to Political Activity Restrictions (OGC, May 2008) has advice on what is and is not permissible for senior employees.

Updated June 30, 2008: Bad link corrected.

Free Golf Leads to Trouble

Government Executive reports that accepting a free round of golf in 2006 has become an ethics issue for a Department of Justice official. The official allegedly gave a $500,000 grant to the foundation that hosted him, rather than better qualified applicants.

2 Plead Guilty in Army Bribery Scheme

Army contracting officer pled guilty to involvement in $9M procurement scandal.  http://www.washingtonpost.com/wp-dyn/content/article/2008/06/24/AR2008062401341_pf.html

New post-employment regulation published in Federal Register

This final rule expands OGE regulatory guidance on § 207.  It gives more comprehensive guidance on application of § 207, makes minor modifications to guidance and processing under 2641,  and supercedes obsolete regulations.   http://edocket.access.gpo.gov/2008/pdf/E8-13394.pdf

Spousal Conflict of Interest Dooms DISA Appointment

News reports say the Department of Defense has withdrawn the nomination of Rear Adm. Elizabeth Hight to be the next director of the Defense Information Systems Agency. Her husband's job with  Northrop Grumman was perceived to be a conflict of interest. The Tech Insider columnist concludes:

DISA purchases hundreds of millions of dollars worth of information technology hardware and services every year, the kind of hardware and services that Northrop Grumman sells. This seems like a slam-dunk definition of a conflict of interest, despite what people say are Hight's rock-solid qualifications. It's hard to see Hight and Salisbury not having to explain over and over again the uncomfortable relationship to the IT industry and even the Hill.

Favorable Mortgage Terms

Recent scandals involving favorable mortgage terms to government officials, including former HUD and HHS Cabinet secretaries, illustrate a tricky ethics area worth covering in training. It may not always be obvious that a discounted rate is improper, as mortgage rates and points are negotiable. Buyers with strong credit histories (including many senior government officials) often receive favorable treatment. Nevertheless, such loans create a potential for ethics issues. Portfolio magazine created a "rogue's gallery" of loan recipients. As explained in the Washington Post:

Savings offered under the FOA ["Friends of Angelo" Mozilo, CEO of a mortgage company] program do not appear to amount to more than a few hundred or thousand dollars. But as Countrywide emerged this year as a leading player in the subprime mortgage crisis, Mozilo turned politically radioactive, held up by politicians as the personification of a housing meltdown that has shaken financial markets worldwide.

Fielding Memo on Contact With Presidential Campaigns

The National Institutes of Health web site has a copy of an April 22, 2008 memo by White House Counsel Fred Fielding entitled "Federal Agency Employee Contacts with Presidential Campaigns," along with a cover memo from the HHS DAEO.

Comment Period Extended on Contractor Employee Conflicts

The OGE mailing list reports that the FAR Council has extended the deadline for comments on the proposed rule on service contractor employees' personal conflicts of interest. The new deadline is July 17, 2008.

USDA Ethics Openings

The USDA has two new GS-14 openings in its Ethics Office: one for a Senior Ethics Program Specialist, the other for a Supervisory Program Specialist.  More information on both positions is available on OPM's USAJOBS website.

OK To Deceive Ethics Officer?

The Court of Appeals for the D.C. Circuit overturned David Safavian's ethics conviction today.

A story at the Washington Post's web version notes:

Legal experts and former prosecutors said the ruling also could have implications for other white-collar investigations.

"The court's analysis creates the possibility that courts will take a skeptical look at other areas where prosecutors are arguably criminalizing vague ethical standards," said Stevan Bunnell, a defense lawyer and a former chief of the criminal division in the District's U.S. Attorney's Office.

Thanks to Cary Williams for alerting us to this significant case.

New DoD SOCO Advisory

SOCO Advisory 08-04 is now available. It includes several items on political activity, a couple on implementation of the post government employment provision in Section 847 of the National Defense Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181, and a discussion of In CNA Corp. v. United States (April 30, 2008), a case reported here previously, in which the United States Court of Federal Claims interpreted the phrase "particular matters involving specific parties" in 18 U.S.C. § 207(a)(1) and the phrase "personally and substantially" in 18 U.S.C. § 207(a)(1)(B).

New Research Tool: LOUIS

LOUIS--the Library Of Unified Information Sources--is an ambitious effort by the Sunlight Foundation to facilitate researching executive and legislative branch documents. Still in the early stages of development, it contains, in fully searchable format, seven sets of federal documents:

• Congressional Reports
• Congressional Record
• Congressional Hearings
• Federal Register
• Presidential Documents
• GAO Reports
• Congressional Bills & Resolutions

OGE Vacancy: Management Analyst, GS 13

OGE SEEKS MANAGEMENT ANALYST, GS-0343-13 - The Office of Government Ethics (OGE) is seeking a highly-motivated and enthusiastic person to join a team of dedicated professionals in the Information Resources Management Division. The incumbent will serve as the technical authority and advisor to the Deputy Chief Information Officer and other OGE staff regarding the records management program and the clearance of all administrative and programmatic forms. For more information, please see Job Announcement Number 08-OGE-016 under the Vacancy Announcement and Other Information section of the OGE website at:

http://www.usoge.gov/pages/about_oge/other_info.html#mngt_anal

Transition Resources

The upcoming change of administrations is one of OGE Director Ric Cusick's top priorities, and deservedly so. It's an opportunity for ethics officers government-wide to help their agencies not just to avoid problems, but often make big improvements. We have created a new category, Issues:Transition, for helpful resources. You can access it by selecting the Issues:Transition link at left.

To get the ball rolling, here is an edited version of a memo an IG used successfully at one agency to alert the incoming political appointee agency head of various issues, including standards of conduct potential pitfalls. We welcome your contributions via the "Contact Us" link at left. If you don't have a formal memo, but just an idea or two, that's fine, just drop us an e-mail. Let us know if you prefer attribution or non-attribution.

OGE Opinion Digests

The digests of OGE opinions to be discussed at the IEC meeting Thursday are available at the DOD SOCO web site:

http://www.dod.mil/dodgc/defense_ethics/resource_library/opinions2006.htm

Free CLE: Are Ethics Standards for Government Lawyers Different?

ABA-CLE and the ABA Center for Professional Responsibility are offering a free online CLE program on the topic "Are Ethics Standards for Government Lawyers Different?" Here's the program description:

This panel explores government lawyers' duties to the public and courts, placing particular attention on the role of government lawyers dealing with national security issues and criminal prosecutions. Do sufficient safeguards exist to ensure compliance with ethical responsibilities? What standards should apply when a government lawyer functions in a civil versus a prosecutorial role?

Fedsmith Article: Love in the Federal Workplace

Fedsmith has an article that could serve as a follow-up to Greg Weinman's January presentation on workplace romances.

On-the-Job Blogger Busted at NASA

Federal Computer Week reports on the suspension of a NASA employee for political blogging from his workplace:

A NASA employee has been suspended for soliciting donations and writing politically partisan blog posts and sending e-mail messages while at work, violations of the Hatch Act.

Office of the Special Counsel officials said a Johnson Space Center employee promoted local and state political candidates in 2006 and 2007 through his Internet writings.

The officials also found the employee solicited small campaign donations two times in 2006 through blogs.

Fedsmith: Corruption Starts With The Small Things

Ralph Smith at the Fedsmith web site has some thoughts over the MSBP's failure to support an agency that fired an employee for credit card abuse:

A government that operates in an atmosphere of "situational ethics" will be an interesting experience. If an employee takes sick leave in violation of regulatory requirements, many do not see a problem. There is little difference between using sick leave when not authorized or charging unauthorized travel expenses to a government credit card.

GAO Greenlights "No Cost" Contracts

A GAO opinion allows federal agencies to use so-called "no-cost" contracts. Under a no-cost contract, a vendor provides services to the government, in exchange for fees collected from third parties. For example, a vendor might organize a conference that benefitted the government, but be compensated only by attendee registration, not payments from the government. A 2005 GAO opinion had cast doubt on the legality of such arrangements. The newer opinion allows them under some circumstances, but warns:

Agency officials ... should consider possible conflicts of interest before signing a no-cost contract, keeping in mind that control of the agenda, selection of speakers and other matters concerning content should serve the government's, not the contractor's, purpose. Ultimately, an agency must not lose sight of its objectives for a particular event and should ensure that in avoiding costs to the agency, it does not take actions that compromise the effectiveness of its conference, undermine the achievement of agency goals, or violate ethics rules.

Updated June 5 to improve clarity.

GovExec Presidential Transition page

In this special section, Gov Exec presents regularly updated information and resources about transition-related activities.  http://www.govexec.com/specialreports/transition.htm

Reminder: Monthly Meeting on June 12

This month's IEC meeting will be held on Thursday, June 12. Ethics officials who are not on our roster but who wish to attend our June meeting can pre-register by contacting Pat Carney not later than Monday, June 9th. Details of the meeting are in Pat's previous post.

Increased Role for IGs on Horizon?

A Government Executive story about improved relations between the acting GSA head and that agency's Inspector General goes on to discuss the role of IGs throughout the government:

Procurement observers from agencies, industry and Congress predicted that inspectors general, Congress and the White House would become more involved in contracting issues during the next year -- regardless of who occupies the Oval Office.

John Horan, a partner at Washington law firm McKenna Long & Aldridge, said the success that IGs have experienced in many of their recent investigations likely will empower them to more aggressively pursue, and possibly even expand, their oversight roles.

"There's nothing like success to drive investigators, and they've had success in what I consider the more traditional area of effective [contract] pricing ... and have also been successful in some of the less traditional compliance areas, such as the [1979] Trade Agreements Act," he said.

Horan said IGs could increase interagency coordination for certain probes. Regulatory changes also will expand inspectors' roles by requiring them to handle mandatory disclosures by contractors of criminal violations and overpayments.

Open Compliance and Ethics Group

Government Executive reports on the Open Compliance and Ethics Group, a Phoenix-based nonprofit organization that is trying to assist government contractors and subcontractors in complying with government rules, including the new requirement for contractor codes of conduct:

OCEG's goal was to provide a structured point of reference -- particularly for small and mid-size firms that cannot afford high-priced attorneys or compliance teams -- as well as to reduce the waste of resources that nearly all contractors experience in keeping up with the government's complex amalgam of regulations, according to Switzer. ...

"Federal procurement rules and regulations are complex and the risks can be substantial if contracts are not entered into without sufficient due diligence on the part of the contractor," said Brian Simmons, national director of Ernst & Young's government contract practice.

Improper Pressure on Thunderbirds Contract Selection

Defense News reports on five Air Force officials, including the vice director of the Joint Staff, being disciplined after a Jan. 30 IG report implicated them in a 2005 attempt to steer a five-year, $49.9 million contract to produce multimedia presentations for Thunderbirds air shows. In accordance with Privacy Act rules on disclosure of senior employees, the 250-page report redacts the names of four junior members, but released the name of the senior official involved, Air Force Maj. Gen. Stephen Goldfein.

In one point that could be used in instruction, while Chief of Staff Gen. T. Michael Moseley was not disciplined, he was placed in the awkward situation of having to defend himself against an appearance of impropriety, due to social engagements between him and partners in the company before, during and after the contract competition:

In an interview with Air Force Times, Moseley said he did not discuss the project with Shipley or Hornburg in e-mails and discussions during the selection process.

"I know where those boundaries are and never crossed any of those ethical or contracting boundary lines," Moseley said. "There was a definite boundary of not talking about that stuff. ... It was never brought up."