IEC Journal

Questions About NRC Commissioner

Nuclear regulator broke rules, says inspector general - washingtonpost.com:

A former member of the Nuclear Regulatory Commission violated government ethics rules by directly contacting potential employers with business before the NRC before the end of his term in mid-2007, according to a report by the commission's inspector general.

Another View of Honest Services Prosecutions

A Huffington Post article has a negative view of the state of the "honest services" theory of prosecution. Here's the lead:

Jack Abramoff--the imprisoned Washington ex-lobbyist--must be kicking himself. On Thursday, October 15, a judge in Washington, D.C. reluctantly declared a mistrial for defendant Kevin Ring, one of Abramoff's most trusted lieutenants. The jury had found itself hopelessly deadlocked on all eight counts, most of them "private honest-services fraud." And Ring accomplished this amazing derring-do without calling a single witness in his own defense. It may be a sign that the reign of honest-services-fraud terror by federal prosecutors is finally coming to an end.

Public Integrity Chief Steps Down

A New York Times article quotes from a statement issued on behalf of departing DOJ Public Integrity chief William Welch:

While the ultimate result in the Stevens case has been highly disappointing professionally and personally," the statement said, Mr. Welch's own decisions in the case "Comported with his own and the department's highest ethical standards."

Executive Order-Federal Leadership on Reducing Text Messaging while Driving | The White House

The full text of the recent Executive Order entitled Federal Leadership on Reducing Text Messaging while Driving is available.

Former State Dept. employee pleads guilty

A former employee at the U.S. Department of State was sentenced to 12 months of probation and 50 hours of community service Friday for unauthorized computer access--illegally accessing more than 75 confidential passport application files, the U.S. Department of Justice said.  See full article at http://www.reuters.com/article/vcCandidateFeed7/idUS376313907220091023

States Moving to Tighten Up Ethics Rules?

The Center for Public Integrity reports that at least five states have had some ethics reform activity since the Center released its States of Disclosure rankings back in late June: "Most legislatures aren’t in session, but there are nevertheless new developments regarding ethics legislation and financial disclosure rules in New Jersey, Utah, West Virginia, Wisconsin, and Mississippi."

DoD Deputy Ethics Message

Edited Oct. 26 to correct typo.

At the dawn of a new administration, it’s fairly routine for top-level political appointees to remind their charges of the importance of ethical behavior. But the especially blunt nature of a memo from the Defense Department’s No. 2 official is striking some Pentagon observers as a tad ironic.

Via www.publicintegrity.org.

Social Networking Echo?

We can set this site up so that posts to the website are automatically echoed to Twitter and/or Facebook. We are reluctant to invest the time to do this unless it would benefit a significant number of our readers. If you would find this convenient, let us know via the "Contact Us" link at left.

D.C. Council Passes Ethics Code

The Federal Government's Standards of Conduct rules do not apply to the District of Columbia. The Center for Public Integrity reports:

Earlier this week the District of Columbia Council unanimously approved emergency legislation to establish the city’s first ‘Code of Official Conduct.’ Chairman Vincent C. Gray proposed the measure to set ‘unusually high standards of honesty, integrity, impartiality’ and ultimately prevent conflicts of interest. Council member — and former mayor — Marion Barry, who recently came under fire for allegedly awarding a city contract to his girlfriend, thanked Gray for introducing the measure even though ‘all of us have followed [the rules] anyway.’

Nobel Prize as Emoluments Clause Issue?

Updated Oct. 26 to correct typo:

As might be expected in these politically polarized times, the argument in a Washington Post opinion piece entitled An Unconstitutional Nobel that the President's acceptance of the Nobel Peace Prize would violate the Emoluments Clause has prompted a number of rebuttals. Yale Law School Professor Jack Balkin's rebuttal is confident and concise. UCLA Professor Eugene Volokh's assessment seems to be somewhere in the middle.

IEC Journal Upgrades

We solicit your comments on recent changes to IEC Journal, including:

1. Switching to a better search engine. Our testing to date has convinced us it is superior to what we were using before. It uses Google's state-of-the-art search technology, but searches only the IEC Journal web site. The comparable search engine Paul Bergstrand developed for OGE was the inspiration. We still need to do some tweaking to optimize it, so bear with us. Google charges $100 a year to provide this service without any ads. While this is cheap when compared to the value of the search feature, any fee is not good for a non-funded organization like IEC. Google's documentation says that they will waive the fee for "registered nonprofit organizations." IEC is a nonprofit organization, but it's unclear whether it meets Google's "registered" requirement. They have not yet responded to our request for a waiver. If we are not successful, we request that our readers bear with the ads unless they can suggest a source of funds to pay the fee to eliminate the ads.

2. Adding a new graphic. We hope the sunshine-infused Jefferson Memorial will inspire more positive thoughts than the old picture of the Supreme Court building on a drab January day. We strongly encourage our readers with better royalty-free artwork to submit it for our consideration. A generous IEC member provided us with an excellent photo of the OGE office building previously, but we were not able to use it due to the danger of implying OGE sponsorship of this organization. Both the Supreme Court and Jefferson Memorial photos were taken by an aesthetically-challenged IEC member (me) a few years ago. Surely someone among our membership can do better!

3. Making more archived posts available. When you select an archive category, like "Hatch Act," or "Issue: Gifts," the default setting of the software was to provide only the 10 most recent posts. In response to a suggestion from Wayne Johnson, we have researched the documentation for the web site software we are using (Typepad), and adjusted the software to increase the number of archived posts displayed to the maximum allowable: 50. Let us know if you observe any negative side effects of this (slower system response, etc.). If there are no negative side effects, this increase should make it much easier to do complete searches of archived topics containing less than 51 posts.

More changes are on the way, including:

• We are going to consolidate and re-post the best advice previously provided on use of RSS-to-Email services. This is on hold pending completion of our evaluation of some promising new alternatives that came to our attention Tuesday. If they are as good as they are touted to be, they could render all our previous advice obsolete, but we are withholding judgment until our testing of the alternatives is complete. In the meantime, those interested can locate all our previous advice on this topic by viewing the category "About."
• We are considering major changes to the site design, including a more open, brighter look. We have many options. One of the designs under consideration is available for viewing. Since the information on the test site is substantially identical to that on IEC Journal, we have password-protected the test site so as to avoid unwanted search engine database duplicate entries. Access the test site with user name login and password test.

Aesthetically challenged as I am, I'll defer to our readers on the artistic aspects. From a technical point of view changing designs would have pros and cons, most particularly:

1. Our present design relies on extensive use of custom-modified Cascading Style Sheets. These give a lot of flexibility, but when changes are needed, they can be very difficult for anyone not a professional web designer.
2. All the alternative designs we are considering would use a much simpler, mostly automated system for design modifications. Changes would be easier. The drawback is that you would have to pretty much stick to the template. We could probably figure out ways to keep the best customized features (most importantly, the new search engine), but we might have to use some inelegant workarounds.

I'm leaning toward a new design with less customization, to reduce succession problems when a new system administrator is needed. We welcome your thoughts.

Jerry Lawson

CPI Finds Prosecutorial Misconduct Widespread

A recent Center for Public Integrity study found 2,000 cases overturned or otherwise modified by judges on account of prosecutorial misconduct.

(Via The Center for Public Integrity : Investigations.)

POGO Surveys Federal Management of Contracting Out

The Project on Government Oversight has launched a web-based survey designed to shed light on the federal government’s policies and practices regarding its use of private sector contractors to perform services previously performed by government employees.

Edited Dec. 5 to correct URL.

Safavian Gets Year In Jail, Two Years Probation

Fedblog reports:

David Safavian, former head of federal procurement policy at the Office of Management and Budget under Bush, was sentenced to 12 months and 1 day in jail and 24 months probation today, according to Robert Brodsky who was at the sentencing hearing. Safavian was convicted in December of obstructing an investigation by the General Services Administration, lying on a financial disclosure form, and two counts of making false statements. Safavian is free until his wife gives birth, after which he will be required to turn himself in.

November 5th Meeting

Our November 5th meeting will feature Ms. Justina Fugh, of the Environmental Protection Agency (EPA), who will address issues related to Federal employees serving on outside boards of associations and professional organizations in their official or personal capacities.  This subject was rated quite highly in a recent survey of the IEC membership for potential presentation topics.  The EPA has produced some impressive work in this subject area, so this should make for stimulating lunch time meeting.

 

As usual, we will meet from 12:15-1:30 in the OTS auditorium and, as always, individuals who are on the IEC roster need not pre-register for this meeting.  Agency ethics officials who are not on our roster but who wish to attend can pre-register by contacting Patrick.Carney@fcc.gov not later than Monday, November 2nd.  Those who are neither on the IEC roster nor pre-registered can still be admitted by showing a Government ID to OTS Security personnel.

Interior IG Report on Gettysburg Superintendent

Perhaps predictably, a Washington Post story about an Inspector General report on the Superintendent of the Gettysburg National Park leads with scandalous accusations about accessing pornography on a government computer, but buries arguably more serious issues deep in the body of the story:

The inspector general's investigation noted that Latschar said the construction project would be funded by the foundation and that no taxpayer money would be used. However, as the price tag jumped from $39.3 million to $135 million, $35 million in public financing was ultimately needed to finish construction, records show.

The report also said that Latschar planned late last year to leave his [$145,000-a-year job as] superintendent to take a $245,000-a-year job as the foundation's president.

An internal Jan. 26, 2009, memo, obtained by The Post, shows that during the course of the inspector general's investigation, department ethics officials stepped in, pointing out several legal obstacles Latschar would face. The memo says post-government employment laws would prohibit him from performing many job duties, including "any communication to or appearance before an employee of the United States."

As a result, Latschar dropped his planned job move, records show.

Lobbyist Acquitted of Honest Services Conspiracy Charges

TPM Muckraker interviewed a former federal prosecutor concerning the recent acquittal of a former Jack Abramoff associate:

Peter Zeidenberg, who while at DOJ worked on the case against Bush administration official David Safavian, told TPMmuckraker that he wasn't surprised that prosecutors failed to convict Ring, because the meals, event tickets, and other goodies that Ring lavished on government officials did not represent crimes in themselves at the time. Rather, the Feds argued that, taken together, they amounted to a conspiracy to deprive the public of the honest services of public office-holders -- a tough sell for a jury.

Zeidenberg, who has written about honest services fraud in the context of lobbying, said that things might have been different had a public official, rather than a lobbyist, been in the crosshairs. "If you've got a public official who's elected by the people, and he's stuffing his face at the trough, it's more viscerally offensive to a jury...than when you've got a lobbyist," said Zeidenberg. "What do you think lobbyists do?"

Ring and Safavian -- who was sentenced today to a year and a day in prison for lying and obstruction of justice -- are the only cases connected to the Abramoff scandal to go to trial.

via tpmmuckraker.talkingpointsmemo.com

U.S. Immigration and Customs Enforcement Ethics Attorney Job (GS 12-15)

Announcement for an attorney to join the ICE Ethics Office. The Ethics Office is responsible for implementing the standards of conduct program for ICE and provides professional responsibility advice to attorneys in the legal office.  Closes Nov. 6, 2009. ETHICS-HQ-09-06

See full announcement at

http://jobview.usajobs.gov/GetJob.aspx?JobID=84020017&JobTitle=Ethics+Attorney&q=Ethics+Attorney&sort=rv%2c-dtex&vw=b&re=134&FedEmp=N&FedPub=Y&jbf565=&caller=default.aspx&AVSDM=2009-10-16+13%3a21%3a00

British MP's Behaving Badly

From the Executive Coach column at Government Executive magazine comes good advice concerning British legislators caught up a scandal over dodgy expense reimbursement claims:

What's amazing to me is that many of the MP's are putting a few hundred or a few thousand pounds ahead of their long term credibility, reputation and effectiveness. They are becoming a laughing stock while they argue over expenses that seem hugely inappropriate to the average citizen. And that is what leaders really have to watch out for. It's easy to get into a bubble when you're a leader and pretty soon the abnormal begins to seem normal. One of the executive speakers in the session I spoke to yesterday summed it up really well. There are, he said, rules and there are appearances. There are times when the appearances matter more than the rules. True leaders understand the difference. When the rules you're following wouldn't stand up to a smell test with the average person, it's time to take a step back and upgrade the rules. When it's all said and done, the most valuable currency a leader has is integrity and credibility.  Maintaining that currency requires an understanding that it's more valuable in the long run than currency of the paper sort.

via blogs.govexec.com

Grand Jury issues Subpeona against former Interior Chief

GovExec article describes Federal investigation into former Interior Secretary's possible criminal conflict of itnerest dealing with the Royal Dutch Shell.  See full article at http://www.govexec.com/story_page_pf.cfm?articleid=43789&printerfriendlyvers=1

India Moves Toward U.S. Attitudes on Govt. Ethics

A Washington Post article entitled India Loses Patience With the Super-Rich shows that nation is moving toward U.S.-style attitudes toward self-aggrandizing government officials. Here's an excerpt:

In this developing nation, government officials have long enjoyed first-class air tickets, overnight stays at five-star hotels, and vast entourages of servants and security, in what is known here as "V-VIPism."

But with the global economy in peril and India in the middle of its worst drought in years, such displays of wealth have begun to anger the public, especially after the Indian media reported that Foreign Minister S.M. Krishna and his deputy, Shashi Tharoor, had been holed up for more than three months in two of the capital's most opulent five-star hotels while their pricey bungalows were being built.

The men said they were paying for the hotel stays out of their own pockets. But television pundits wondered how public servants could afford suites that can cost anywhere from $250 to more than $2,000 a night.

Recent news articles referencing ethical concerns

• IRS IG probe into possible misconduct by employees in issuing manual tax refunds. See http://www.forbes.com/2009/10/08/irs-tax-fraud-tigta-personal-finance-questionable-refunds_print.html
• Mutiple Polish political leaders resign over allegations of influence peddling.  See http://www.nytimes.com/2009/10/08/world/europe/08poland.html

Two USDA ethics vacancies (GS-13/14)

Senior Ethics Program Specialist (GS-14)--closes Nov. 2, 2009.

http://jobview.usajobs.gov/GetJob.aspx?JobID=83750340&JobTitle=Senior+Ethics+Program+Specialist&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&jbf574=AGDA&vw=d&re=134&FedEmp=Y&FedPub=Y&caller=agency.aspx&AVSDM=2009-10-02+14%3a12%3a00

Ethics Specialist (GS-13)--closes Nov. 6, 2009.

http://jobview.usajobs.gov/GetJob.aspx?JobID=83837839&JobTitle=Ethics+Specialist&sort=rv%2c-dtex&cn=&rad_units=miles&brd=3876&pp=50&jbf574=AGDA&vw=d&re=134&FedEmp=Y&FedPub=Y&caller=agency.aspx&AVSDM=2009-10-07+14%3a58%3a00

OIG report on appearance of ethical violations at Bureau of Land Management

OIG found BLM National Landscape Conservation System (NLCS) employees were engaged in inappropriate relationships with advocacy groups (nongovernmental organizations) and possibly violated anti-lobbying statutes and policies. In particular, NLCS employees produced items like brochures and fact sheets for NGO. A pattern that the OIG says revealed that communication between NLCS and certain NGOs in these circumstances gave the appearance of federal employees being less than objective and created the potential for conflicts of interest or violations of law.

See full report at

http://www.eenews.net/public/25/12636/features/documents/2009/10/05/document_gw_01.pdf

Dept. of State - Opening for Ethics Attorney

Statement of Work for Legal Affairs/Ethics Attorney, US Department of State

The position is Attorney/ Advisor.  The incumbent would work under the direction and guidance of the Senior Ethics Counsel, Ethics Office, U.S. Department of State.   The incumbent would be responsible for reviewing and advising senior managers  on eligibility of applicants  being consider appointment for a Government position.  Incumbent will decide whether the applicant has a conflict- of-interest between their investments/outside positions and the position for which they are being considered.

 

 The incumbent will make decisions as to whether the applicant’s investments’ could cause or would cause a conflict  of interest when performing  the duties of the  position.

 

 The primary objective is to provide contractor services and deliverables through performance as a subject matter expert (i.e. Expert on Federal Conflict-of-Interest Laws) as it pertains to Legal Ethics issues.  The incumbent will process financial disclosure reports for prospective, existing and former employees assigned to Iraq and /or Afghanistan.   The incumbent may also serve as the office point of contact for other individuals serving in Iraq or Afghanistan who are required to file financial disclosure statements.

 

Incumbent will:

 

·     Serve as the attorney adviser on all financial disclosure matters affecting potential, existing and former employees serving in Iraq or Afghanistan;

·     Provide advice and assistant to filers submitting financial disclosure reports;

·     Clarifies discrepancies or obtains explanations on disclosed data through correspondence or telephone exchanges with fliers or their agents;

·     Examines financial data reported by fliers, applying regulatory statutes and guidance to ensure that conflicts of interest do not exist between filer holdings and their Department of State position;

·     Incumbent recommends solutions to resolve conflict as provided by ethics statutes;

·     Ensures the proper input of data on filer status in Financial Disclosure Tracking System.

 

Requirements /Certifications, License, or Other expertise required.   Contractor is expected to have:

 

·     Knowledge of Federal Ethics rules and regulations, including the Standard of Conduct develop by the Office of Government Ethics;

·     Knowledge of Federal financial disclosures rules, regulations and practices for the Financial Disclosure System;

·     Ability to communicate and negotiate effectively with filers on sensitive matters of financial holdings or positions the candidate has held that may cause a conflict;

·     Ability to interpret, explain, and apply Federal  laws, regulations or procedures concerning financial disclosure and ethics standards clearly and effectively;

·     Working knowledge of personal computers and MS software, as well as facility with Internet searches.

·     A law degree from an ABA accreded law school and a member in good standing of a State or Federal Bar. 

·     Ability to obtain a Secret Level Security Clearance.

 

Contact Information:

 

Donald E. Hibbard

Hr Director

Pillar Systems Corp

703-548-4800 Ext 106

 

News Articles of Interest

• Kenya's anticorruption chief resigns as a result of pressure from dipolmatic emissaries and other observers. See article:  http://www.nytimes.com/2009/10/01/world/africa/01briefs-UNDERPRESSUR_BRF.html
• Senator Ensign's former aid, and spouse of his mistress, raises ethics allegations.  See article:  http://community.nytimes.com/comments/www.nytimes.com/2009/10/02/us/politics/02ensign.html

Whistleblower Reforms at FAA

The Dallas Morning News has a report on the FAA's effort to better deal with whistleblowers and whistleblower reports. A related Washington Post story has more information.