Transcript GOVERNMENT ETHICS BRIEFING Navy & Marine Corps Relief …

Captain Lisa Woo, USMC
Deputy Staff Judge Advocate
MCRD San Diego/WRR
(619) 524-0789
[email protected]
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Title 18, United States Code
Presidential Executive Order 12674
DoD 5500.7-R (Standards of Conduct)
32 Code of Federal Regulations 2635
SECNAVINST 5340.7
Ethics Gram 14-01
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Basic Obligations of Public Service
Bedrock Standards of Conduct
32 CFR 2635.101
14 General Principles
*Ensure Public Confidence in its Gov’t*
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Public service is a public trust
Place public trust over private gain
Don’t acquire/retain private financial interests that
appear to/do conflict with official duties
Act impartially in performing your duties
Protect and conserve the federal property and
resources entrusted to you
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No financial transactions using non-public info or
the improper use of such information to further a
private interest
Cannot give preferential treatment to any private
organization or individual
Do not engage in outside employment or
activities, including seeking or negotiating for
employment, that conflict with official government
duties
Avoid actions creating an appearance that you
are in violation of the law or ethical standards
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Officers
Enlisted (minor exceptions)
Civilian federal employees
Contractors (If compliance set forth in
Contract)
Some former government employees
Reservists
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If performing official duties
On inactive training
Earning retirement points
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Criminal Prosecution
Military = UCMJ Violations
 Civilians = Federal Prosecution
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Administrative Action
NJP
 Adverse Action
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Civil Penalties
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5 CFR 2635.808 – Subject to restrictions
Distinction between Official & Personal Capacities
- Official – part of official duties – Workplace
* May use official title & position
* CFC, NMCRS, “By Your Own/For Your Own”
- Personal – Off Duty, Not to Subordinates
* Cannot Use or Permit use of official title or
position associated with public office to further the
fundraising effort, but can use rank and/or service
JER 3-210 – Fundraising/Membership Drives
- Employees shall not officially endorse any Non-federal
Entity (NFE) except:
* Combined Federal Campaign (CFC)
* Navy & Marine Corps Relief Society
* “By-Your-Own/For Your Own” (BYO-FYO)
• JER 3-300 – Personal Participation in NFEs
- May voluntarily fundraise outside official duties
- Use of titles tends to suggest official endorsement or
preferential treatment by DoD of the NFE
- Purely personal, unofficial volunteer efforts to support
fundraising outside the workplace is authorized
- Component Heads can authorize non-workplace sites
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General Announcement, providing POC
Solicit from Active Duty during duty hours
Cannot solicit from DoD civilians, contractors
May accept contributions from all sources
Car wash, Bake sale, Trivia contest (entrance
fee), 5K run, bowling tournament
Senior officials may voluntarily offer prizes for
raffle, trivia contest prize
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Do not solicit from subordinates
– Do not solicit from DoD contractors
– Efforts (off-base) do not imply DoD
endorsement
 No use of official title or position
 Rank and branch are permissible, but look
at context
– Do not use government resources
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Campaign “Potholes”
- Setting 100% participation goal
- Inquiry re whether or amount of donation
- Establishing personal $$ goals and quotas
- Creating/using Non-Contributor Lists
- Using campaign results in FITREP appraisals
- Official off-base fundraising for the NMCRS is
not permissible
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Sale/Rental Use of Gov’t property/privilege
- Military Civilian Clothes Privileges
- Special Liberty
- Preferred Parking
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Prohibitions Against Gambling
- Generally, State Law Controls (Cal. PC 319-20)
* “Crimes against Public Decency & Good Morals”
• SECNAVINST 5340.7-NMCRS Annual Fund
Drive
- No Raffles (Except NMCRS Annual Fund Drive, only
when approved by SECNAV & “consonant w local law”)
- No Carnival-type Games of Chance
- No Solicitation of Businesses - Prize Donations
- No Use of Gov’t Property as Raffle Prizes
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California Constitution prohibition on raffles/lotteries
March 2000 - Proposition 17 & SB639
CAL Penal Code §320.5
“Eligible Organizations” – “Beneficial or Charitable
purposes” OK if organization complies w defined
process
- In-state raffles only/Detachable coupons or stubs
- 90% proceeds must be used for beneficial goals
- Must first register with CAL Dept. of Justice
- Provide Fed TIN, CAL corporate or Charitable Trust #
- Accounts subject to state Audit
- Must file annual report with aggregate receipts, direct
costs incurred and charitable/beneficial purposes met