IEC Journal

"Substantial Relationship" in Legal Ethics Context

An article from Washington Lawyer entitled How Substantial Is Your Relationship? deals with legal ethics, but the analysis could be useful in government employment contexts.

Thanks to the IEC member who drew to our attention to this article. We try to make this web site a lively source of useful information, and in furtherance of this objective, we welcome your topic suggestions.

News relating to Ethics

Sen. Stevens indicted for false statements on his financial disclosure, when he failed to disclose gifts received from interested parties. http://www.reuters.com/article/topNews/idUSWBT00948220080729?feedType=RSS&feedName=topNews&rpc=22&sp=true

IRA employee pleads guilty and receives 1 year probation for unauthorized access to tax return. http://www.sltrib.com/news/ci_10037669

House of Representatives Seeks Ethics Lawyer

The House Committee on Standards of Official Conduct is seeking an experienced attorney to serve as Chief Counsel-Staff Director. This job involves supervising 18 staff members. E-mail resume, references and cover letter to ethicsjobs__AT__mail__DOT__house__DOT__gov NLT August 20, 2008. (E-mail address disguised to throw off automated spammers). Details available through Legal Times/Law.com Career Opportunities section (registration required).

DOJ Report on Political Screening Allegations

The Department of Justice report that's been in the news is available.

Handouts on OGE's New Rule 207

With the permission of Rick Thomas, here are the slides accompanying his presentation at this month's IEC meeting on OGE's new Rule 207, in your choice of formats:

• PowerPoint
• PDF - Printed 6 slides per page

More on DOD Auditor Story

Government Executive has a story on the reaction to GAO allegations of improper pressure against Defense Contract Audit Agency auditors reported here earlier.

Reminder: Public Financial Disclosure Reports Due Friday

Unless you have received an extension, Friday, August 1 is the deadline to forward Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification. The 2008 OGE Calendar lists this and other deadlines.

OGE DAEOgram on PAS Pooled Investments

DAEOgram DO-08-022 dated

July 22, 2008

explains what actions a nominee for a full-time Senate-confirmed position (PAS nominee) must take with regard to pooled investment funds in order for the Director of OGE to certify the individual’s financial disclosure report. 

You may access this DAEOgram at: http://www.usoge.gov/pages/daeograms/dgr_files/2008/do08022.pdf

Submitting Job Announcements

We have set up a dedicated address for sending us job announcements:

iec.jobs@yahoo.com

It's also accessible via a hypertext link at left.

Thanks to Erica Dornberg for doing such a good job with these over the past few months.

GAO report says Pentagon auditors pressured

GAO report says supervisors pressured auditor decisions on contract reviews and created abusive environment for those who questioned management.  The Defense Contract Audit Agency disagrees with the findings.

See http://www.usatoday.com/news/health/2008-07-23-brain-injuries_N.htm

See the full report at http://www.gao.gov/new.items/d08857.pdf

MD State Sen. failed to disclose interest on ethics forms

BALTIMORE -- An FBI special agent said influential state Sen. Ulysses Currie used his office to benefit a company he was working for as a consultant.

Currie worked as a consultant for Shoppers Food Warehouse but did not disclose income from the company on ethics forms. His dealings with the grocery chain are being investigated by the FBI.

According to an affidavit for a search warrant made public on Tuesday, the Baltimore Examiner reported that Currie also had 320 phone contacts with employees of Shoppers and its parent company since 2004. The documents were unsealed at the request of several news organizations.

FBI special agent Steven Quisenberry, who specializes in federal public corruption cases, writes in the affidavit that Currie voted on bills that impacted Shoppers during the time he received payments from the company and he believes Currie used his influence to benefit Shoppers.

http://www.baltimoresun.com/news/local/bal-currie0723,0,1686567.story

Race-Motivated Threats Punished

A former American career diplomat has been sentenced for a civil rights violation for sending threatening voice messages and e-mails, in violation of 18 U.S.C. § 245(b)(2)(C) (using threats to intimidate and interfere with employment based on race and religion) and 18 U.S.C. § 875(c) (transmitting threats in interstate commerce).  He received two concurrent sentences of 12 months of imprisonment followed by 3 years of post-release supervision, 100 hours of community service and was ordered to pay a $10,000 fine.

UCLA Professor Eugene Volokh analyzed the constitutionality of criminalizing such communications at the time of the indictment, emphasizing the fact that these communications were directed toward inidividuals, not general expressions of hatred for members of a certain class.Thanks to Shaw, Bransford, Veilleux & Roth, P.C. for alerting us to the recent sentencing.

Hill To Probe OSC

Government Executive has an article about a possible Hill investigation into controversies at the Office of Special Counsel, spurred most recently by harsh language in the OSC Deputy's resignation letter. The "Related Stories" box beside the article links to other stories providing background.

Government Lawyer Duty of Confidentiality

Professor Kathleen Clark's law review article, Government Lawyers and Confidentiality Norms, from the Washington University Law Review (2008), explores the legal constraints on lawyers when it comes to whistleblower-type activity. It discusses the age-old question, "Who is the client" for government lawyers.

August 7th Meeting

Our next meeting will focus on copyright.  Although not strictly an ethics issue, many ethics advisors may be asked about copyright, particularly if they work in an agency with scientific and technical staff.  Our presenters will be Karen Santoro, of the National Science Foundation, Jeff Green, of the Department of Defense Standards of Conduct Office, and Bonnie Klein, a Copyright Specialist on the Technical Reports Team, Defense Technical Information Center.  Bonnie, a member of CENDI, a cooperative of senior managers from the major science agencies, the national libraries, and agencies involved in the dissemination and long-term management of scientific and technical information, works on "Frequently Asked Questions About Copyright," a CENDI-maintained living document that is updated periodically.  She will be our primary presenter and will cover copyright basics, work produced by Government employees, individually or with non-Government co-authors, and Government author agreements.  Karen will present sample agreements from NSF and NIH, and Jeff will talk about his Federal Law article “Dual Compensation and the Ethics Rules.”  As usual, we will meet from 12:15-1:30 in the OTS auditorium at 1700 G Street, N.W. (the corner of 17th and G Streets).  Individuals who are on the IEC roster need not pre-register.  Ethics officials who are not on our roster but who wish to attend this meeting can pre-register by contacting Pat Carney not later than Monday, August 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.

Removal for Credit Card Misuse Upheld

The Fedmanager blog (operated by the law firm of Shaw, Bransford, Veilleux & Roth, P.C. has a summary of Hickman v. USPS, a case in which the Court of Appeals for the Federal Circuit upheld the termination of a Postal Service manager who was guilty not merely of improper use of a credit card, but repeated failure to pay the bill, failure to schedule a supervisor (thus leaving a postal facility unattended), and improper alteration of time records. The appellant's managerial status was an aggravating factor that outweighed the lack of a previous record and other mitigating factors.

Bribery concerns increase in war against drugs

Article on increase in bribery cases among US Border Control and other Federal agents, especially with regard to Mexican Mexican drug cartels.  Ironically, the US is sending $400 million to help Mexico's army-led war on the trafficking gangs.

http://www.reuters.com/articlePrint?articleId=USN15311994

Ex-GSA employee pleads to bribery

A former federal employee from Oakland has pleaded guilty to bribery and tax evasion for accepting more than $100,000 - including $45,000 in cash and a Caribbean cruise - in exchange for her help in awarding security contracts to a former Maryland police officer.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/17/BA8611QPRO.DTL

Notification of IEC Journal Updates

We've received a couple of queries along these lines:

Seems like we have a 24 hour delay on the IEC web site for sending messages. Is something akilter?

The IEC Journal does not operate an e-mail mailing list to notify members when new information is posted. Rather, we have suggested that members who want e-mail updates can use free third party e-mail "echo" services (Feedblitz & RssFwd).

These third party services "scrape" new postings off the web site by automated checking and then send an announcement by e-mail. These are free services, and they operate on their schedules, which may not be consistent. There is always some lag time between when we post something on the web site, and the time the echo services mail their announcements. For example, we posted a comment on outsourcing to the web site early Tuesday morning. RssFwd sent its alert around 6:00 AM on Wednesday and FeedBlitz around 6:00 PM Wednesday.

If you are aware of an e-mail echo service better than Feedblitz and RssFwd, let us know and we will be glad to pass your recommendation along.

We are presently using TypePad to maintain the web site. This has many advantages, but it does not include a built-in option for a mailing list echo. We aware of a few ways we could add a mailing list, and our more technically-minded readers may know of some better methods. This could provide a few hours speedier delivery of update announcements, but the methods we are aware of would require added expense, and/or a little extra labor. If you have suggestions or would like to volunteer, we would love to hear from you.

In the meantime, if you would rather receive updates when you want, the best option is still to use an RSS reader. These programs will give you easy automatic updates of IEC Journal, and any other RSS-equipped web sites you choose, any time you want them.

Prompt Reporting of PAS Official Departures

OGE recently implemented a new policy for prompt reporting of Presidentially Appointed, Senate Confirmed appointee departures:

As of July 7, 2008, agencies are required to notify OGE of a PAS official’s termination date via email at 278tracking@oge.gov. The notification should be made as soon as possible but no later than the day before the PAS official’s termination date.

The DAEOGRAM announcing OGE's reporting policy is available.

Share the Wealth at OGE Conference

Have you developed training-related materials, automation programs, procedures, or job aids that could be useful to other ethics offices? OGE is providing a place to share such resources at its "Products to Share Exhibit" at the 2008 National Government Ethics Conference in Orlando, Florida. Those interested in participating should contact Ciara Guzman by July 18th:

cmguzman _ AT_ oge _DOT_ gov

(Address disguised to throw off spammers).

DOD SOCO Enlightment on Widely Attended Gatherings

The newest SOCO Advisory is a "special edition" on the topic "Application of the Widely Attended Gathering (WAG) Gift Exception to Invitations to Play Golf or Attend Sporting, Recreational or Entertainment Events.”

Limits Placed on Outsourcing

Thanks to John Szabo for drawing our attention to the moratorium on new competitive sourcing initiatives.

Dept of Educ. Attorney Vacancies (GS 11-14)

Please see below vacancy announcement to fill several attorney positions in the Office of the General Counsel for the Department of Education:

• Ethics Division (x2)
• Business and Administrative Law Division (x1)
• Educational Equity and Research Division (x1)
• Elementary, Secondary, Adult and Vocational Education Division (x2). 

If you have any interest in applying for any of the positions, please follow the instructions provided in the announcement.  Open until July 30, 2008.

http://jobsearch.usajobs.gov/getjob.asp?JobID=73674258&brd=3876&AVSDM=2008-07-09+00:03:01&q=Education&sort=rv&vw=d&Logo=0&FedPub=Y&pg=5&jbf571=10&FedEmp=N&ss=0&TabNum=6&rc=2

Article on Treasury OIG re misuse of transit benefits

Senate Finance Committee ranking member Charles Grassley, R-Iowa, is charging the Treasury Department's OIG with dragging his feet in firing two senior subordinates put on leave for improperly taking transit fare subsidies and interfering with investigations. http://www.govexec.com/story_page_pf.cfm?articleid=40407&printerfriendlyvers=1

Educ. audit shows employee misuse of credit cards

Dept. of Educ. employees inappropriately used government credit cards to purchase $49,500 worth of goods and services, including meals, items at clothing stores and rental cars, for personal use, according to a review by the department's inspector general.

http://www.washingtonpost.com/wp-dyn/content/article/2008/07/05/AR2008070501400_pf.html

VA OIG report on Employee Conflict of Interest

A top Department of Veterans Affairs official has been scolded by the government agency for his involvement with a prominent lobbying organization (the Disabled American Veterans), a group that helps disabled veterans get benefits that the official is charged with dispersing.

http://media3.washingtonpost.com/wp-srv/nation/documents/VeteransIGReport_061908.pdf

See also related news article at: http://blog.washingtonpost.com/washingtonpostinvestigations/2008/07/officials_political_ties_promp.html#more

ICE Chief Ethics Officer vacancy (GS-15)

U.S. Immigration and Customs Enforcement (ICE) of the Department of Homeland Security (DHS) is seeking an experienced attorney for a supervisory position as the Deputy to the Chief Ethics Officer for the ICE Ethics Office of the Office of the Principal Legal Advisor in Washington, D.C. Open until July 31, 2008.

http://jobsearch.usajobs.gov/getjob.asp?JobID=73546247&AVSDM=2008%2D07%2D03+15%3A24%3A33&Logo=0&q=ethics&lid=17514&jbf571=10&paygrademin=15&paygrademax=15&FedEmp=Y&sort=rv&vw=d&brd=3876&ss=0&FedPub=Y&SUBMIT1.x=107&SUBMIT1.y=16

DOD IG leaves for academia

Pentagon's top watchdog leaving post July 13
By Dan Friedman, CongressDaily

Defense Department Inspector General Claude (Mick) Kicklighter is resigning from his position atop one of the government's largest oversight organizations.

Kicklighter, who turns 75 next month, will become director of the George Mason University School of Law's Critical Infrastructure Protection Program, his office announced Tuesday. His last day will be July 13. President Bush immediately announced his intention to designate Labor Department Inspector General Gordon Heddell as acting Defense Department IG. Kicklighter's exit comes just 14 months into a five-year term, but officials in the IG's office said he has always planned to leave before the end of the Bush administration. During his tenure, Kicklighter has traveled frequently to Iraq and has sharply increased the personnel and resources his office devotes to oversight of U.S. spending in that country and Afghanistan. "His big concern was the war in Iraq and Afghanistan," said an official in the Pentagon IG's office. "He believed that they should be supported through the IG's mission."

Kicklighter, according to officials at other IG offices, has clashed with other oversight agencies over lines of authority in Iraq and Afghanistan. His office last year joined the Pentagon in unsuccessfully opposing the creation of a new Special Inspector General for Afghanistan Reconstruction. In May, a nonprofit watchdog group, the Project on Government Oversight, released an internal report produced by the Defense Department inspector general's office that argued its ability to oversee the Pentagon has been eroded as its budget has failed to keep pace with that of the Defense Department since 2001. The result is "gaps in coverage in important areas, such as major weapon systems acquisition, health care fraud, product substitution, and defense intelligence agencies," the report says. Kicklighter has spent 50 years in public service, much of it as an Army officer. Before taking the inspector general post, he was chief of staff in the Veterans Affairs Department and held several positions related to stabilization planning in Iraq and Afghanistan. His tenure drew praise from employees the DoD IG's office. "I hate to see him go," said one official. "He's a great manager."

Full story: http://www.govexec.com/story_page.cfm?articleid=40380&dcn=e_gvet

Postal employees removal due to misuse of travel card

Federal Circuit upheld removal of two postal employees for (in part) misuse of government travel cards (nonprecedential decisions).

Hickmon v. USPS http://www.cafc.uscourts.gov/opinions/08-3109.pdf

Powe v. USPS http://www.cafc.uscourts.gov/opinions/08-3006.pdf

NASA employee goes to prison for misuse of computer

Using a government computer to download inappropriate images of children isn't just a bad idea--it can lead to prison. A former employee at NASA's Ames Research Center was also fined $25,000 in addition to the prison sentence.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/07/03/BAS811IQBT.DTL&type=printable

"Plain Language" Resources

Ethics policies and advice must be understandable if they are to fulfill their intended functions. Here are a few "plain language" resources, courtesy of the Interagency Suspension & Debarment Committee:

• SEC Plain Language Handbook
• OFR's main plain language page
• Plain Language site and its guidelines

July 10th Meeting

Our next meeting, will feature the Office of Government Ethics’ Associate General Counsel Rick Thomas, who will discuss OGE’s newly issued post-employment regulations (73 Federal Register 36168, June 25, 2008)  IEC members are encouraged to read these important regulations in advance of our July meeting.  As usual, we will meet from 12:15-1:30 in the OTS auditorium at 1700 "G" Street, N.W.  As always, 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 July meeting can pre-register by contacting Pat Carney not later than Monday, July 7th. 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.