Jerry Gidner Janeen Birckhead LULAC Conference, September 16-17, 2014

Transcription

1 Jerry Gidner Janeen Birckhead LULAC Conference, September 16-17, 2014 This Workshop is not... Quick Refresher 8 Questions Gidner view of the SES 4 Summary Rules Rules 1 through 3 What Would You Do Scenarios Rule 4 Where to get more information 1

2 Standard Ethics training Executive Order USC 201 Bribery Prohibitions 18 USC 203 Compensation for representational activities 18 USC 205 Prohibited acts of representation 18 USC 207 Post-employment restrictions 18 USC 208 Conflict of interest 18 USC 209 Restriction on dual compensation 2

3 Why do you want to be in the SES? Have you had ethics training? 3

4 What do you know about ethics? In 10 words or less! Have you witnessed unethical behavior? 4

5 What are ethics? 3 minute discussion. Ethics: The principles of conduct governing an individual or a group Merriam Webster online dictionary 5

6 What is the difference between ethics and character? 3 minute group discussion Character: Moral excellence and firmness Merriam Webster online dictionary 6

7 Can you teach ethics? In other words, if you don t have character, do ethics rules matter? Where the Sidewalk Ends With thanks to Shel Silverstein No rules Conflicting rules Desired outcome unclear Very visible Stakes are high 7

8 SES = uncertainty. How do ethics rules apply? Issues involving money and people have extensive rules This is where people go to jail 8

9 The average size of a Federal penitentiary cell is 6 by 8 And we know Federal employees who have spent time in one The first 3 are: 1. Don t steal 2. Don t give unfair advantage 3. If you do, don t lie about it 9

10 You are a Bureau Housing Officer You contract with construction companies to build houses in your Region You are on a community softball team A construction company that you sometimes contract with offers to sponsor your softball team What would you do? Result Arrested at Federal offices Federal prosecution for bribery Resigned 24 months supervised probation 10

11 Amount of sponsorship $400 You are a government employee, and you leave your post temporarily for health reasons Do you continue to collect your Federal salary? 11

12 You decide not to return to work. Instead you enter into a contract with a Tribe. You have to decide whether to resign from Federal service or continue to collect your Federal salary. What would you do? You have to fill out your Financial Disclosure form. Should you include the income from the Tribe? 12

13 Your employee is not working, and in fact, is making money by contracting to a Tribe. He continues to submit time sheets as if he is working. He wants you to approve them. You also have to give the employee a performance appraisal. What should you do? Result Employee and Supervisor indicted for wire fraud, false claims, and theft of government property Employee charged with false statements regarding outside income They both deny the charges. Face 20 years in prison and $250,000 fines. Government is seeking return of funds they allege were improperly paid 13

14 You are a VERY senior political appointee at a Department Your girlfriend introduces you to a lobbyist who had business in front of your Department The lobbyist makes a $500,000 donation to the non-profit where your girlfriend works The lobbyist wants to meet with you on behalf of his clients What would you do? You meet with the lobbyist several times over many months, often making decisions that benefit his clients In testimony before Congress, you are asked about your relationship with the lobbyist, and whether the lobbyist has special access to you? What would you do? 14

15 You testify to Congress that you do not have a special relationship with the lobbyist and that he does not have special access to you Result Pled guilty to obstruction of US Senate proceedings 10 months in Federal prison $30,000 restitution 15

16 You are an Executive in a unit of a Federal Agency You have a Special Assistant who is ready to retire You would like to continue to use his skills, and wish he would become a contractor after he retires What would you do? You encourage your assistant to become a contractor and compete for a contract You need a statement of work for the contract you are going to offer What would you do? 16

17 You have your assistant write the statement of work for the contract he is about to bid on You need members for the Technical Review Committee What would you do? You serve on the Technical Review Committee yourself The Contracting Officer s Technical Representative wants to join the Assistant s company What would you do? 17

18 You increase the funds for the contract to allow the COTR to join the contractor, working on the contract he helped administer Result: Special Assistant pled guilty to a felony count COTR pled guilty to a Felony count Executive resigned. US Attorney declined to press charges 18

19 No porn! Federal employees using government computer to view child pornography. Case 1: Retired. Pled guilty. To be sentenced. (2013) Case 2: 30 months in Federal prison, 10 years probation (2013) Case 3: 33 months in Federal prison (2007) 19

20 Your ethics office Our ethics office Janeen Birckhead Office of Civil Rights, Bureau of Indian Affairs Jerry Gidner, Tribal Team Leader US Extractive Industries Transparency Initiative, DOI 20