IEC Journal

Report: Plusses, Minuses in U.S. Ethics Efforts

An article in The Hill reports on a watchdog group's report:

Global Integrity found the United States to be the second least corrupt country in the study and complimented the White House for its lobbying and ethics initiatives. But the report notes the administration has not taken bold action on what many watchdog groups believe remains the root of the problem: money in politics.

 

 

VA OIG substantiates ethics allegations

Dept. of Veterans Affairs Inspector General substantiated, in an administrative investigation, abuse of authority, misuse of position and resources, acceptance of gratuities, and interferences with an OIG investigation, by officials in the National Programs & Special Events.  See full redacted report 2009-1492-IQ-0117) at http://www4.va.gov/oig/51/FY2010rpts/VAOIG-09-01492-83.pdf.  Charges included:

- Misuse of Resources - official time, subordinate time, government travel, and computer systems.

- Improper acceptance of gifts from prohibited sources

- Distruction of Evidence & lying to investigators

- Circumventing FAR regulations in award of procurements.

IGs & Whistleblowers

The Washington Post's Federal Eye columnist discusses a controversial conclusion of a non-profit watchdog group's report:

"It has long been POGO's experience, as well as that of many whistleblower attorneys contacted by POGO, that generally IGs are at best irrelevant to whistleblowers and at worst are part of the problem."

Sixth Anniversary of IEC Journal

This month IEC Journal celebrates its sixth anniversary of service to the federal ethics community. Help us have more successful years by continuing to provide leads and share resources.

POGO's 12 Proposed Fixes

At least a couple (strengthening whistleblower protection and IG independence) of POGO's Dozen Nonpartisan Good Government Fixes Congress Should Implement in 2010 are of interest to the ethics community.

March 4th Meeting: OGE Program Reviews

Our Thursday, March 4th meeting will feature a panel comprised of Bert DiBella, of DEA; Ralph Bittelari of the Bureau of Alcohol, Tobacco, Firearms and Explosives; Naomi Miske, of HHS; Ann Quinlan, of the Surface Transportation Board; and Ken Goetzke, of NASA, who will discuss their experiences with having recently undergone a program review by the Office of Government Ethics (OGE).  They will also discuss best practices identified by OGE during the review, areas that OGE particularly focused on during the review, and what the panel members might have done better in preparing for the review.  The panel will also field questions from the audience.  If your agency is scheduled for an upcoming program review this will be a great opportunity to begin your preparations.

 

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, March 1st.  Those who are neither on the IEC roster nor pre-registered can still be admitted by showing a Government ID to OTS Security personnel.

Ethics Attorney vacancy at the Office of the Comptroller of the Currency

VACANCY AT THE OFFICE OF THE COMPTROLLER OF THE CURRENCY

 

The Office of the Comptroller of the Currency (OCC), Department of Treasury, is hiring an Ethics Attorney at the NB-06 level ($91,643 to $170,404) to coordinate the OCC's nationwide ethics program.  The selected individual may have advancement opportunity to Senior Counsel, NB-07 ($121,023 to $224,983) upon meeting the criteria for advancement to the Senior Counsel position and Chief Counsel approval.  Please forward this to anyone who may be interested.

 

Attorney-Advisor, NB-06, Administrative and Internal Law Division, Office of the First Senior Deputy Comptroller and Chief Counsel, Office of the Comptroller of the Currency.  Duty Station: Washington, D.C.  Closing date: March 10, 2010. HR Contact: Jill Rajaee at (202) 874-4421.  Please review the vacancy announcement for more information about the OCC, the duties of the position and how to apply.  http://www.occ.gov/jobs/lawjob5.html

Report: Terror Memos Didn't Violate Legal Ethics Rules

The Justice Department's Office of Professional Responsibility report on allegations that Bush administration lawyers violates legal ethics rules by writing memos authorizing harsh interrogations for terrorism detainees is available. The report concludes that the lawyers "exercised poor judgment," but did not violate legal ethics rules.

A Washington Post article discusses the controversy over the report's conclusions.

Defense Industry Ethics Group Selects New Leader

New Ethics Gig for Ex-OFPP Chief - Fedblog:

Angela Styles, a former administrator of federal procurement policy at the Office of Management and Budget during the Bush administration, was named Thursday as the new coordinator and executive director of the Defense Industry Initiative on Business Ethics and Conduct, also known as DII.
...
Changes to contractor ethics rules should keep Styles busy in the months ahead. Contractors are complying with regulations outlining mandatory disclosure of potential criminal violations and changes to personal and organizational conflicts of interest rules and revolving-door policies.

Timekeeper Charged with $100,000 Fraud

A DOJ press release reports on time and attendance fraud committed by a timekeeper:

From 2001 through 2009, Stewart served as a supply management specialist in the food services department at the Federal Correctional Complex in Petersburg, Virginia.  As part of her  work responsibilities, Stewart input records for all employees in the food services department into the electronic time and attendance reporting program.  That program would, in turn, send the information to the National Financing Center, located in New Orleans, Louisiana.  The National Financing Center used that information to determine federal employees’ pay, including overtime compensation.

During a routine inspection, officials at the Federal Correction Complex determined that, on multiple occasions, Stewart received payments for overtime that was not authorized and that  she had not actually worked.   Subsequent investigation revealed that in the course of her duties  from 2001 to 2009, Stewart had routinely provided false information to the National Finance  Center regarding her own overtime status.  During the eight year period, Stewart received  $100,000 of compensation for overtime that she did not work.  

Post Examines Status of Lobbyist Reform

A recent Washington Post article assessed the effectiveness of lobbyist reforms. Here is the lead:

President Obama is escalating his war on K Street, proposing a series of tough restrictions a year after he first issued policies aimed at tamping down the influence of lobbyists.

But changing the way business is done in Washington is slow and difficult, underscored by the fact that spending on lobbying reached record levels last year despite the president's reforms and a down economy.

FBI Agent Indicted for Ethics Violations

An FBI agent in Oxford, Mississipi has been indicted for, among other things, failing to disclose to the FBI the fact that he had a financial interest in an under-construction building Oxford FBI Building, and failing to truthfully complete an annual report of his assets and income, liabilities, and positions with organizations outside of his FBI employment.  The indictment further alleges that the agent knowingly and willfully made and used, and caused to be made and used, a false writing and document (that is, his 2004 and 2005 Confidential Financial Disclosure Reports), knowing the Reports to contain material false and fraudulent statements and entries. A DOJ press release is available.

DOD Ethics Counselor Deskbook

Mark Stone's e-mail newsletter contains a reminder concerning an important resource:

It is imperative that ethics attorneys and paralegals be aware of the DoD Ethics Counselor Deskbook.  It is on the website of the DoD Standards of Conduct Office, is updated every year, and is an invaluable resource.

POGO Follow-up on Pre-confirmation Pledge

The Boston Globe reports on POGO's efforts to monitor an appointee's pre-confirmation pledge. An excerpt:

In his Senate confirmation process to be deputy secretary of defense, Lynn, who is also a former Raytheon vice president, pledged to not involve himself for at least a year in decisions affecting half a dozen weapons programs -- including a new warship, missiles, and satellites -- that he advocated during his stint as a lobbyist for the company from 2002 to 2008.

2010 Schedule of Important Ethics Dates

The OGE “2010 Schedule of Important Ethics Dates” has useful reminders.

Mark Stone: What Must Be Reported on SF-450

Mark Stone's e-mail newsletter is a great source of ethics information. His annotated bibliography of guidance on what must be reported on a Form 450 is a recent example. Old issues of the newsletter are available on the Air Force Materiel Command (AFMC) ethics website (registration required). Contact Mr. Stone to be added to the mailing list (address modified to reduce spam):

Mark --DOT-- Stone --AT-- wpafb -- DOT af --DOT-- mil

Dept of Education vacancy - Dep. Assist. GC for Ethics (GS-15)

Dept of Education, Office of the General Counsel, Ethics Division, has a GS-15 vacancy for the  Deputy Assistant General Counsel for Ethics.  Announcement is open until Feb. 23, 2010.  Please see USAJobs listing at http://jobview.usajobs.gov/GetJob.aspx?JobID=86014526&JobTitle=Supervisory+General+Attorney%2c+GS-905-15&q=attorney&where=&brd=3876&vw=b&FedEmp=N&FedPub=Y&x=85&y=10&pg=2&re=3&AVSDM=2010-02-02+00%3a03%3a00.

USDA Supervisory Program Specialist vacancy (GS-14)

The USDA Office of Ethics has an opening for a GS-14, Supervisory Program Specialist (Branch Chief), position.  The incumbent will be responsible for developing, administering, and overseeing the ethics program for the USDA Forest Service.  The announcement will be open through Thursday, March 4, 2010, and it’s available on USAJOBS:  http://jobview.usajobs.gov/GetJob.aspx?JobID=86071405&JobTitle=Supervisory+Program+Specialist+(Ethics)&jtit=Supervisory+Program+Specialist+(Ethics)

Misuse of Government computer

Surfing for pornography from a government computer is getting some publicity.  It was considered serious enough for EC IG to mention it in its latest Congressional report.  See full article at http://www.washingtontimes.com/news/2010/feb/02/sec-workers-investigated-for-viewing-porn-at-work//print/ 

Contractor Allegedly Sought Oversight Over Its Own Work

The Washington Post contains an article about a controversy involving an Army Future Combat Systems contractor:

A hotline complaint triggered the inspector general's investigation. The complainant said that SAIC was bidding on a contract to provide advice on an FCS element and that SAIC had not acknowledged the importance of its role in FCS.

The inspector general's report, which was signed by Mary L. Ugone, deputy inspector general for auditing, supports the allegations. According to the report, in the case of an Army test and evaluation command contract, SAIC helped develop the threat representation used to test FCS, which the company also helped develop.

When an Army contracting officer raised that objection, SAIC disagreed, saying that its work did not present "a perceived or actual conflict of interest" because the company "does not test or evaluate any system" and only supports the "activities that support test and evaluation."

The inspector general commended the Army contracting officer who raised the issue. The inspector general also challenged SAIC's claims that it reviewed all contract offerings on its own and does not bid where it sees a conflict.

Reminder: IEC Meeting Feb. 4

Heavy hitters Norm Eisen, Special Counsel to the President for Ethics and Government Reform, Don Fox, OGE General Counsel, and Rick Thomas, OGE Associate General Counsel will discuss the Ethics Pledge established by Executive Order 13490 at Thursday's IEC meeting. Details are in a previous message.