IEC Journal

President Signs 2009 Pay Executive Order

The EO makes all pay raises 2.9% increase for 2009. See

http://www.whitehouse.gov/news/releases/2008/12/20081218-3.html

The new pay tables are now also available on the OPM website.  See

http://www.opm.gov/oca/09tables/indexSES.asp

Topic for Jan. 8 Meeting: Govt. Lawyer Transition to Private Sector

Peggy Love and Steve Csontos will speak on the topic "Seeking Employment and Post Employment Obligations for Government Attorneys Entering the Private Sector" at the Jan. 8 IEC meeting. Their MS PowerPoint slide show is available for pre-meeting downloads. If you want to save paper, remember that you can format the slide show to print three or six slides per page.

Ethics in the News

• DoD employee and his son and business associate were found guilty of conspiracy to defraud the U.S. government and money laundering.  DoD employee also found guilt of conflict of interest violation--awarding a contract to a company in which he had a financial interest.  http://www.pnj.com/article/20081218/NEWS01/812180326/1006/NEWS01
• DOJ whistleblower claims that DOJ employees investigating Sen. Ted Stevens may have accepted improper gifts from people cooperating in the investigation.  http://www.kansascity.com/news/politics/story/947458.html

Safavian Convicted After Retrial

A second jury has convicted David Safavian of four counts of obstruction of justice and making false statements after his original conviction was overturned.

New Awards for Government Investigations

ProPublica, an organization that boosts "Journalism in the Public Interest," is awarding annual prizes for "outstanding investigative work by governmental bodies." This is intended to "recognize excellence in investigative reports issued by governmental groups such as the Government Accountability Office, congressional committees, inspectors general, state attorneys general, special counsels and special prosecutors—at any level or branch of government." Nominations are due Jan. 31, 2009 for material published during calendar year 2008. Thanks to FedBlog for the tip.

Updated OGE Form 450 (June 2008)

The U.S. Office of Government Ethics has posted an updated Confidential Financial Disclosure Report on their website.  This updated form incorporates in Part V, the new reporting threshold for gifts and travel reimbursements received from one source has been further increased, applicable as of January 1, 2008, to more than $335, with a $134 or less de minimis aggregation exception (see OGE DAEOgram DO-08-010 (PDF-HTML-TXT)).

The updated form can be found at http://www.usoge.gov/forms/oge450_pdf/oge450_automated.pdf.

According to OGE, this form is approved and should be used for the filing season beginning January 2009.

Bush Clears Out Political Appointees

A National Journal Online blog post states:

President Bush is helping clear the decks for President-elect Barack Obama by asking his political appointees to submit their resignations effective Inauguration Day, Jan. 20, according to a memo dated Dec. 1 and obtained by National Journal. White House Chief of Staff Joshua Bolten instructed Cabinet secretaries and heads of departments to collect resignation letters from political appointees, with the goal of providing the incoming president "maximum flexibility in assembling his administration."

Bolten said Bush's directions are "consistent with past practice," which is correct: Then-Chief of Staff John Podesta, acting on behalf of President Clinton, sent a similar memo to government leaders in November 2000, and previous presidents have taken similar steps.

The exceptions to Bush's order are federal inspectors general and "those individuals who hold termed positions," Bolten said. "Non-career Senior Executive Service and Schedule C appointees at independent and regulatory agencies headed by termed appointees" are also exceptions to the resignation order.

Thanks to Gov Exec's Fedblog for the tip.

OSC Clarifies Post-Election Display Opinion

An IEC member alerted us to an OSC clarification of their post-election display opinion reported here on November 16. The key new ideas are that it will again be inappropriate to wear Obama items if and when he becomes a candidate for re-election, and that it is inappropriate to wear political party items at any time.

Thanks for the tip. We depend on our members to suggest topics, and we appreciate your support.

Treasury Deputy Assistant General Counsel for Ethics vacancy (SES)

The Deputy Assistant General Counsel for Ethics works with the Assistant General Counsel to ensure that the Secretary, the General Counsel, the Assistant Secretary (Management/Chief Financial Officer) and other senior officials receive high quality and prompt advice on ethics issues.  The Deputy Assistant General Counsel for Ethics also serves as the Alternate Designated Agency Ethics Official.

Announcement No. 2008-057RD

Closes December 24, 2008.

See full announcement at http://jobsearch.usajobs.gov/getjob.asp?JobID=78045148&AVSDM=2008%2D12%2D11+16%3A01%3A11&Logo=0&q=ethics+treasury&jbf571=10&FedEmp=N&sort=rv&vw=d&brd=3876&ss=0&FedPub=Y&SUBMIT1.x=90&SUBMIT1.y=7

January 8, 2009 Meeting

At our January 8th meeting we will feature a program entitled, “Seeking Employment and Post-employment Obligations for Government Attorneys Entering the Private Sector.”  Our speakers, Peggy Love, Deputy Ethics Official, U. S. Environmental Protection Agency and Stephen J. Csontos, Attorney at Law, formerly of the Justice Department’s Tax Division will treat us to a revised version of a very popular session that they presented at the 2008 Ethics Conference in Orlando.  Federal Government attorneys entering the private sector need to adhere to more than one set of seeking employment and post-employment rules.  Indeed, they may find that the grass is not greener on the other side if they do not avoid the pitfalls that leaving Federal service can pose.  The presenters will provide an overview of the rules on seeking employment, post-employment, confidentiality and sharing fees.  They will compare these rules under the Standards of Ethical Conduct, the Federal post-employment criminal statute, the ABA Model Rules and the DC Bar Rules, pointing out where the bar rules, statutes and regulations differ.  This session will alert attendees to issue Federal attorneys face in employment transition. As usual, we will meet from 12:15-1:30 in the OTS auditorium.  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 this meeting can pre-register by contacting Patrick.Carney@fcc.gov not later than Monday, January 5th.  Those who are neither on the IEC roster nor pre-registered can still be admitted by showing a Government ID to OTS Security personnel.

Obama Said To Be Pro-Whistleblower

A Federal Diary column speculates that President-Elect Obama will be favorably disposed toward whistle-blowers.

DoD Supervisory Management Analyst vacancy (YA-03)

The Dept. of Defense Standards of Conduct Office is looking for a supervisory management analyst to work on the Office of the Secretary of Defense Government ethics program.  For more information please see the USAJobs annoucement number DLS-08-8848-TJ.

 

SALARY RANGE: SALARY RANGE: 97,077.00 - 156,450.00 USD per year.

OPEN: Wednesday, December 10, 2008 to Wednesday, December 17, 2008.

 

Action Against Burrowing In?

Steven L. Katz, former chief counsel to the chairman of the U.S. Merit Systems Protection Board, makes the case in a Government Executive opinion piece for more aggressive measures to prevent political appointees from transitioning into civil service jobs ("burrowing in"):  

[OMB Deputy Director Clay Johnson] is likely the only person close enough to the president who is personally committed to leading a respectable transition effort by the Bush administration and who has a big enough presence to step up against burrowers. Burrowing is Washington inside baseball, and Johnson does his best when others are reluctant to take on challenges that are obvious to everyone. Let's see him swing one more time.

Ill. FBI press release on Gov. Blagojevich

See http://chicago.fbi.gov/dojpressrel/pressrel08/dec09_08.htm.

Opening Arguments in Safavian Retrial

Government Executive has a story about the first day of former GSA contracting official David Safavian's retrial. Here's an excerpt:

Prior to the trip, Safavian solicited the opinion of a GSA ethics officer about the appropriateness of accepting free travel from Abramoff. Safavian told the ethics officer that Abramoff "did not have business with GSA" and that he worked only on Capitol Hill.

The ethics officer wrote that Safavian could accept the trip for free. Nonetheless, before the trip began, Safavian wrote Abramoff a check for $3,100, a figure Abramoff allegedly suggested would cover Safavian's portion of the costs.

"Safavian was the only person who wanted to pay his fair share," Sauber said.

Prosecutors, however, argued that Safavian knew $3,100 would not cover his portion of the excursion, which ultimately cost a combined $150,000.

Edmonds added that Abramoff's "lobbying" of Safavian for the two GSA properties was tantamount to doing business with the agency. That information, he said, should have been passed along to the ethics officer before the trip.

"The evidence will confirm the simplicity of this case," Edmonds said. "It's about a public official lying about what's going on."

The information Safavian shared with Abramoff was not secret, nor was it valuable, defense attorneys said. The post office was not up for bids and the White Oak land was highly contaminated and was not suitable for a school, they noted.

Safavian's attorneys maintained that Abramoff did not have business with the GSA because the lobbyist did not have a contract with the agency. Sauber plans to call government witnesses who will corroborate Safavian's interpretation of "doing business."

Intense Vetting of Potential Obama Appointees

A Washington Post article describes vetting procedures used to clear prospective Obama administration appointees. Here's an excerpt:

Obama is conducting the vetting process much the way he managed his campaign: methodically, thoroughly and on a prodigious scale. He did not wait until he won the election to vet his favored picks. Soon after he clinched the Democratic nomination, lawyers quietly prepared dossiers of about 150 contenders for senior positions -- often without the candidates themselves knowing -- said a senior Obama transition adviser who spoke on the condition of anonymity.

"You start with public sources: You go on Google, Nexis and other public record databases," the adviser said.

Now Obama is asking contenders to complete a far-reaching questionnaire and furnish detailed personal and financial records dating back a decade.

"Now you're going to the next level and really trying to understand if there are any potential issues in nominating and confirming this person for the job," the adviser said. "The real purpose of vetting is to understand the person's ability to perform the job and be confirmed for the position. We also want to avoid surprises."

The vetting process extends beyond a 63-item questionnaire Obama is requiring of top candidates. For the roughly 800 executive posts that require Senate confirmation, nominees must undergo an FBI background check and file records with the Office of Government Ethics.

Ethics related news

DOJ press release re DOE timekeeper going to jail for misuse of position, for falsely reporting her hours to the tune of $94,494.  http://www.usdoj.gov/opa/pr/2008/December/08-crm-1073.html 

Illinois Gov. Rod R. Blagojevich (D) and his chief of staff were arrested on conspiracy and bribery charges, including allegations that the governor was seeking to benefit financially from his appointment of a successor to the U.S. Senate seat that was vacated by President-elect.  http://www.washingtonpost.com/wp-dyn/content/article/2008/12/09/AR2008120900987_pf.html

Transition:  Washington Post, In the loop (12/9/08) http://voices.washingtonpost.com/loop/ and http://www.washingtonpost.com/wp-dyn/content/article/2008/12/08/AR2008120803537.html

Clinton Ethics Agreement

Politico reports on measures former President Bill Clinton will take to reduce conflicts of interest with Hilary Clinton's appointment as Secretary of State.

The satirical magazine The Onion put its own spin on the situation:

Bill Clinton Agrees To Disclose Guacamole Recipe

In a major stride toward increased transparency of former presidents' culinary activities, Bill Clinton agreed Monday to disclose a highly guarded guacamole recipe—including a full list of ingredients—so that his wife, Sen. Hillary Clinton, can be named the next Secretary of State. "President Clinton's efforts will help us avoid any potential ethical problems that the continued secrecy of the preparation instructions for this delicious Mexican appetizer could cause," said Obama transition team spokesperson ...

Dangers of Abuse of Position

The Washington Post reports on an unusual event that shows one reason for emphasizing high ethical standards for federal employees: Many civil service workers are in sensitive positions with the potential to injure vulnerable people. In this particular case, a FEMA employee used information from disaster assistance applications for identity theft. U.S. District Court Judge Reggie B. Walton expressed the community's outrage over such "lowdown" conduct in imposing a sentence of 5 years and 4 months:

"What you did, which is really repulsive, is rather than trying to help these people, you hurt them more. When you see someone on the ground, you don't step on them and hurt them more."

Dept. of State, Part-Time Ethics Attorney vacancy (GS13-15)

The Department of State has a part-time position attorney immediately available (approximately 20 hours per week) .  Depending on experience, the incumbent will be hired at either GS13, 14, or 15.  The Department of State has a centralized ethics program where attorneys are expected to provide advice to employees located in the United States and employees assigned to embassies and other posts around the world.  The incumbent will provide guidance, advice, and/or training about the full range of ethics law issues, requirements, and policy, including the Standards of Ethical Conduct and the criminal conflict of interest laws.  The attorney also will review financial disclosure reports filed by nominees, other top-level Department officials, and certain mid-level Department employees for potential and actual conflicts of interest and to ensure that reports are technically compliant with applicable statutes, regulations, and policies implemented by the Office of Government Ethics. Drafts counseling letters and/or meets with filers to advise of potential conflicts and acceptable remedies in accordance with applicable criminal conflict of interest statutes and regulations. Contact Waldo (Chip) Brooks or Sarah Taylor at the Department of State Ethics Office.  Email:  Brooksww@state.gov or Taylorse2@state.gov.  Phone:  202 647-4646

Interior, Attorney-Adviser vacancy (GS-14/15)

The Departmental Ethics Office, Office of the Solicitor, Department of the Interior, invites applications for the position of Attorney-Adviser (GS-14/15) to serve as a staff attorney and national expert in government ethics statutes and regulations and to support and advise the Designated Agency Ethics Official and Alternate Agency Ethics Official in managing the DOI ethics program.  This Attorney-Adviser provides legal advice to Department employees at all levels regarding the conflict of interest statutes, executive branch-wide standards of conduct regulations, and the public and confidential financial disclosure requirements of the Ethics in Government Act and 5 CFR Part 2634.  This Attorney-Adviser also provides technical assistance to the bureau ethics counselors within the Rocky Mountain Region to ensure bureau ethics programs are in compliance with applicable ethics laws, executive orders, and regulations.  The duty location for this position is Lakewood, CO.  The vacancy announcement closes Tuesday, December 16, 2008; number SOL-KS-09-MM225572.

Treasury, Ethics Program Specialist vacancy (GS-11/14)

Department of the Treasury, Departmental Offices seeks a GS-11/14 Ethics Program Specialist. The Ethics Program Specialist reviews public financial disclosure reports filed by top-level Department officials for potential and actual conflicts of interest and to ensure that reports are technically compliant with applicable statutes and with regulations and policies implemented by the Office of Government Ethics. May draft counseling letters and/or meet with filers to advise of the potential conflicts and acceptable remedies in accordance with applicable criminal conflict of interest statutes and regulations. The Ethics Program Specialist also provides guidance, advice, and/or training about the full range of ethics law issues, requirements, and policy, including the Standards of Ethical Conduct and the criminal conflict of interest laws. The position closes 12/24/08. Please click here for a copy of the announcement: Job Announcement # 09-DO-092P.

Contractor Business Ethics Compliance Program

There is new guidance concerning the Contractor Business Ethics Compliance Program:

• Federal Acquisition Regulation: FAR Case 2007-006, Contractor Business Ethics Compliance Program and Disclosure Requirements
• Federal Acquisition Regulations: Federal Acquisition Circular 2005-28; Introduction, 67064 [E8-26810] 
• Small Entity Compliance Guide, 67093 [E8-26809]

Ethics of Metadata 2008

Jim Calloway, the respected Director of the Oklahoma State Bar's Management Assistance Program, provides his latest assessment of the controversy over lawyer access of metadata in a blog post entitled "Ethics of Metadata 2008." He links to a collection of all ethics opinions on the topic and expresses his skepticism concerning the practicality of those opinions that conclude examining metadata is unethical.

OGE Calendar: December

Excerpt from the 2008 OGE Calendar:

December--Remember, covered employees are required to receive annual ethics training before the end of the calendar year.

December 31--Today marks the end of the Public Financial Disclosure reporting period, except for the reporting period of Part II of Schedule C and Part I of Schedule D, which continue up to the date of filing. (5 CFR § 2634.308(a))

December 31--Today marks the end of the Confidential Financial Disclosure reporting period. (5 CFR § 2634.908(a))