Joint EthicsJoint Ethics

• JER Background and Purpose

• JER General Policy and Duties

• Key Rules

Joint Ethics Regulation OverviewJoint Ethics Regulation Overview

• Replaced AFR 30-30

• DOD Directive 5500.7-R (30 Aug.. 93)

• No Service Supplementing Regulations

• Applies to all DOD employees, regardless of civilian or military grade

• 12 Chapters, Punitive Provisions

JER BackgroundJER Background

• To understand the origins and scope of the ethic requirements

• To understand your duties as a DOD employee

• To become familiar with the gift, travel, and use of government resources rules

PurposePurpose

• Set a personal example for fellow DOD employees

• Perform all official duties to facilitate Fed Government efficiency and economy

• Report suspected violations of ethics regulations

Ethical DutiesEthical Duties

• Loyalty to Constitution, laws and ethical principles above private gain

• No conflicts of financial interests

• No improper use of information to further private interests

• Honest effort in performance of duties

• No unauthorized commitments or promises

Principles of Ethical Conduct Principles of Ethical Conduct

• No use of public office for private gain

• Impartial, no preferential treatment

• Conserve Federal property

• No outside employment/conflicts with official duties

• Disclose waste, fraud, and abuse

Ethical ConductEthical Conduct

• Do not use rank or position to further private interest

• Prohibited from commercial solicitation and sale to

• Junior ranking personnel (exception one-time basis for house, vehicle, etc.)

• Solicitation for contribution for gifts must be voluntary

• Must pay all personal financial obligations in timely manner

• Must be careful of accepting gifts from organizations seeking to do business with the Department of Defense

MORE Ethical Conduct!!!MORE Ethical Conduct!!!

• Can’t conduct any gambling activities on government property.

• The use of government facilities, property, or manpower for other than official use is prohibited.

• You may not use “Inside information” for personal gain.

• Avoid activities of organizations that are incompatible with your government position.

• Can’t use your position or rank to endorse a commercial product.

• Outside employment, which is incompatible with your government duties is prohibited.

EVEN MORE Ethical Conduct!!!EVEN MORE Ethical Conduct!!!

• Become familiar with all Ethical Provisions

• Comply with all provisions

• Become familiar with scope and authority for official activities for which YOU are responsible

Employees (civilian and military) Shall:

General Policy DOD General Policy DOD

• Arms Length Attorney

Meet Your Ethics CounselorMeet Your Ethics Counselor

• Ethics counselor -AN ATTORNEY

• No attorney-client privilege – Must so advise before any communications– Must report suspected JER violations

• Written guidance will help keep you out trouble

Ethics Counselor’s RoleEthics Counselor’s Role

• Gift• Travel • Use of Government Property• Commercial Activities• Fundraising

Joint Ethics Regulation Key RulesJoint Ethics Regulation Key Rules

• None from prohibited sources or given because of official position

• Prohibited Source:– Does business with the DoD– Seeks to do business with the DoD

The General RuleThe General Rule

Gifts From Outside Sources...Gifts From Outside Sources...

• Is Item Actually a Gift?

• If exception applies, would acceptance undermine Government Integrity?– Illegal if in exchange for an official action– Other statutes may prohibit– Appearance influence is being “bought”

Gifts - The Practical ApproachGifts - The Practical Approach

• No gifts to official superiors– “official superior” means someone who

directs or evaluates an employee• May not accept gift from lesser-paid

employee– Unless personal relationship justifies gift and

no superior subordinate relationship exists

General RuleGeneral Rule

Gifts Between EmployeesGifts Between Employees

• “Occasional Basis” (Christmas, birthday)– Non-cash gifts of $10 or less– Food in office; hospitality at residence

• “Special, Infrequent Occasion” (marriage, retirement)– $10 limit per person; $300 per organization

ExceptionsExceptions

Gifts Between EmployeesGifts Between Employees

• Regardless of exceptions, may NEVER accept a gift in return for influence or solicit a gift from an outside source

• Gifts within exceptions must be truly VOLUNTARY

Bottom Line on GiftsBottom Line on Gifts

• Required to Fly “Coach” Unless– No other reasonably available

accommodations exist– Disabled employees condition necessitates

first-class travel– Exceptional security circumstances

• All first class travel must be reported to the GSA

Official Travel - Air TravelOfficial Travel - Air Travel

• Only seats provided on required route

• No Space available, required route

• Disabled

• Security purposes or exceptional circumstances

• Cheaper for Government

• Costs paid by a Non-Federal Source

Use of Premium ClassUse of Premium Class

Official TravelOfficial Travel

• Anything received as a result of Official travel belongs to U.S. Government

• Frequent Flyer Benefits– Individual may keep credits from official

travel such as frequent flyer miles, points, etc.

– Can be used for free tickets– Upgrade to BUSINESS class NOT First

Class

Incidental Travel BenefitsIncidental Travel Benefits

• On the Spot Upgrades– May accept if available to public– Don’t accept if offered because of rank or

official position

• Getting Bumped– Voluntarily-Keep benefit– Involuntarily-Benefit belongs to Fed

Government

Incidental Travel Benefits (cont.)Incidental Travel Benefits (cont.)

Agency designee MAY authorize if:

• No adverse affect on duty performance, duration/frequency=reasonable

• Pub interest keeping employee at work station

• No adverse reflection on US (e.g. porn reading, chain letter, etc…)

• No overburdening/no “significant” additional cost

Use of Government ResourcesUse of Government Resources

• No conflicts of interest, or even appearance

• No solicitation of junior members

• Key exception to “Junior member” prohibition:– One-time sale of non-commercial property

Commercial ActivitiesCommercial Activities

• Only Combined Federal Campaign and Air Force Assistance Fund are officially sanctioned

• Purely personal, unofficial fundraising may be done subject to limitations

FundraisingFundraising

• JER Background

• JER General Policy and Duties – Do Your Job– Follow the Rules

• Key Rules – Gift, Travel, Resource and Fundraising

Joint Ethics Regulation SummaryJoint Ethics Regulation Summary

• Take JER DEADLY serious!

• Remember it is a PUNITIVE regulation!!

• When In Doubt -- See Your Ethics Counselor

ConclusionConclusion

““The servants of the NationThe servants of the Nationare to render their services are to render their services

without any taking without any taking of presents…”of presents…”

--Plato--Plato