Ethics, Integrity, and Accountability Chris Carlson Counsel, MF Division [email protected] Ethics, Integrity, and Accountability Chris Carlson Counsel,

Ethics, Integrity, and Accountability

Chris CarlsonCounsel, MF Division

[email protected]

Ethics, Integrity, and Accountability

Chris CarlsonCounsel, 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

• 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.

Federal/DoD Requirements

• 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.”

Conflicts of Interest Laws

General Principles…

**“Do’s”1) Public Service=Public Trust2) Act Impartially3) Give Honest Effort 4) Protect & Conserve Federal Property5) Disclose Fraud, Waste & Abuse6) Set Example as a Good Citizen7) Comply with All Laws (EEO)

**“Don’ts”1) Use Nonpublic Information for

Private Gain2) Solicit/Accept Gifts from Prohibited

Sources3) Make Unauthorized Commitments 4) Use Federal Resources w/o

Authorization5) Take Jobs that Conflict w/ Gov

Responsibility6) 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…

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• 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

– 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.

Ethical Decision Making Process

• 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?

Applying the Principles

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

Contact your Regional MCCS Counsel or designated ethics advisor with any

questions.

Give the facts and they will do the rest