Transcript Document

PROFESSIONAL ASSOCIATIONS
(Or, The Company You Keep)
Justina Fugh
Daniel Fort
Senior Counsel For Ethics
Ethics Officer
U.S. Environmental Protection Agency
A Bigger Problem Than You Think!
• Employees have professional
credentials
• Employees have relationships with professional
associations
• Relationships with professional associations can
be in official capacity or personal capacity
• Interaction with professional associations can be
important for retention or promotion
We Are NOT Talking About:
• Outside employment, or
• Outside Activity with
– non-governmental organizations
– civic associations
– religious organizations
– political organizations
We Are Talking About:
Professional Society/Associations: (Wikipedia)
An organization, usually non-profit, that exists
to further a particular profession
Profession: 5 C.F.R. §2635.305(b)(1)
“…a calling requiring specialized knowledge and often
long and intensive preparation including instruction in
skills and methods as well as scientific, historical or
scholarly principles underlying such skill and methods.”
Meet Dr. Rufus T. Firefly
Dr. Firefly is an EPA scientist who
is the nation's leading expert on
extraterrestrial biology and
toxicology.
A prolific writer and contributor, he
has never said no to any request
for his time or opinion.
Sadly, he is ethically-challenged.
Identifying the Problems
• Misuse of equipment, position, time, resources
– 5 CFR Part 2635, Subpart G
• Conflicts of interest
– 18 USC § 208
• Representation back to the Government
– 18 USC §§ 203, 205
• Appearance issues
– 5 CFR Part 2635, Subpart E
Questions To Ask About
Outside Activities
• Who are you?
• What's your role?
• What hat are you wearing?
• Are you doing this on Government time?
• Are you using fellow employees to help you?
A Clash Of Goals
• Competing interests between
Agency and Individual
– Promotion policies, retention, professional
growth and development, scientific
collaboration
– Federal conflicts of interest
• How to resolve?
How Are You Doing The Activity?
• Official time AND official duty
• NOT official time and NOT official duty
• Official time but NOT official duty
Official Time and Official Duty
• Need supervisory approval
• Can't be an officer or director
• Can't fund-raise
• Can't lobby the Government
• Can't be paid
• Can’t engage in prohibited Hatch Act activities
NOT official time and NOT official duty
• May need outside activity approval
(see your agency’s supplemental regulations)
• May be paid if not related to official duties
• No representation back
• Some Hatch Act restrictions
• Can lobby or be an officer without reference to
official position or title
Official time but NOT official duty
• EPA allows some official time with supervisory
approval
• Must abide by EPA policy on limited personal use of
equipment
• May need outside activity approval
• May be paid if not related to official duties
• Can’t represent back to the Government
• Some Hatch Act restrictions
• Can lobby or be officer if no reference to official
position or title, or as one of several bio details
Peeking Under The Rug
(How to find problems)
“Trust but verify!”
• Financial disclosure reports
• 1353 travel requests
• Word of mouth and other confessions
What EPA Is Doing
• OGE: tried to implement standard in 1991
• EPA: revising its supplemental ethics regulations
• define clearly participation in an official
capacity versus in a personal capacity
• clarify the boundaries of what can be done in
either of those capacities
EPA CONTACT INFORMATION
Justina Fugh
202-564-1786
Senior Counsel for Ethics
[email protected]
Daniel Fort
202-564-2200
Ethics Officer
[email protected]
Jennie Keith
202-564-3412
Ethics Specialist
[email protected]