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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]