Ethics, Integrity, and Accountability

Chris Carlson Counsel, MF Division [email protected]

“FOR ME? JUST BECAUSE I’M A FED? NO WAY!”

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Why Ethics at this Conference?

• Impacts and applies to everyone here • Federal requirement

Federal/DoD Requirements

• CRIMINAL RULES (can result in jail time and fines) • Bribery. Actual corruption is the core. • Conflicts of Interest Laws. Prevent acts that appear corrupt.

• ADMINISTRATIVE RULES (can be basis for sanction/discipline) • 14 Ethical Principals. Establish ethical values/goals for Federal employees. • Executive Branch Standards of Conduct. Implement Ethics in Government Act & criminal statutes; prevent actual & apparent conflicts.

• DoD Supplemental Ethics Regulation (aka JER). Imposes additional limits and restrictions on the Standards for DoD personnel.

Conflicts of Interest Laws • Are General Intent Offenses • Excuses That Don’t Work: – “I’m an ethical person. That’s how I was raised me.” – “I always have the best interests of MCCS at heart.” – “It was a win: win.” – “I saved the government money.” – “I didn’t make an undue profit. In fact, I lost money.”

General Principles…

** “Do’s” 1) Public Service=Public Trust 2) Act Impartially 3) Give Honest Effort 4) Protect & Conserve Federal Property 5) Disclose Fraud, Waste & Abuse 6) Set Example as a Good Citizen 7) Comply with All Laws (EEO) ** “Don’ts” 1) Use Nonpublic Information for Private Gain 2) Solicit/Accept Gifts from Prohibited Sources 3) Make Unauthorized Commitments 4) Use Federal Resources w/o Authorization 5) Take Jobs that Conflict w/ Gov Responsibility 6) Take Actions that Raise Issues of Appearance 7) Hold Financial Conflicts of Interest

DepSecDef Memo of 21 Dec 10

• “Ethical conduct and moral responsibility must be a high priority” • “To sustain an ethical culture that inspires public confidence means we must faithfully fulfill financial, civic, and ethical duties” • “In addition to strict compliance … must also vigilantly avoid public concern about integrity” • “Honorable intentions or personal ethos cannot justify conduct that creates public doubt…”

Public Service = Public Trust

. . . No, it’s just because we really like you. But since you asked… 8

Ethical Decision Making

• Is not solely a function of determining with a law or regulation permits you to do something – Ethics are standards by which one should act based on values. – – – – Values are core beliefs. Not all values are ethical values. Ethical values relate to what is right and wrong Carefully consider ethical values when making decisions as part of official duties.

Ethical Decision Making Process

– Define the Problem – Identify the Goal(s) – List Applicable Laws or Regulations, (and license requirements) – List the Ethical Values at Stake – Name All the Stakeholders – Gather Additional Information – State All Feasible Solutions – Eliminate Unethical Options. – Rank Remaining Solutions. – Commit To and Implement the Best Ethical Solution.

Applying the Principles

• Invited to teach, speak, or write for non-Federal entity or at their event?

– Will you be paid? Topic related to your official duties? How will you be introduced or noted in program? Award/gift given?

• Do you sit on board for, or work off-duty, non-Federal entity?

– Government title/position used? Paid? Influence on board directed at Government? Endorsement issues? Nonpublic info?

• Client provides a gift at resolution of services – More than minimal intrinsic value? Personal relationship or official position? Appearances and public trust?

• Using Government computer to work on private education – Appropriate/approved use? Honest effort? Proper Example?

Contact your Regional MCCS Counsel or designated ethics advisor with any questions. Give the facts and they will do the rest MCI EAST Scott Martin, [email protected]

; (910)451-5033 MCI WEST Tim Leachman, [email protected]

; (760) 725-3776 Okinawa/Iwakuni Donovan Diaz, [email protected]

, DSN 645-7233 MF Division/National Capital Region Chris Carlson, [email protected]

, (703)432-9599