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NEW EMPLOYEE ETHICS BRIEFING 2019 Presented by the MSC Office of Counsel Milita Seaſt Command United We Sail 1 4
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NEW EMPLOYEE ETHICS BRIEFING

Oct 06, 2021

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Page 1: NEW EMPLOYEE ETHICS BRIEFING

NEW EMPLOYEE ETHICS BRIEFING

2019

Presented by the MSC Office of Counsel

• Military Sealift Command United We Sail 1

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The MSC Office of Counsel

Kate DeMane - Counsel

Tim Murphy - Deputy Counsel Cyber/Services Team

Max Jenkins - Supervisory Associate Counsel

Johanna Crawford -Associate Counsel

Patrick M. Mayette -Associate Counsel Kourtney Osegueda -Assistant Counsel

Chartering/Ops Team Davis Young -Supervisory Associate Counsel Chad L. Diederich -Associate Counsel

Jeff Davenport -Associate Counsel Tricia A. Nicewicz -Assistant Counsel

Ann Calabrese -Assistant Counsel

Amy Marshall -Assistant Counsel

Civilian Personnel Law Team Patti Reddy-Parkinson - Supervisory Associate Counsel Sandra Patterson-Jackson -Associate Counsel Vacant -Associate Counsel

Catrina Wright -Assistant Counsel

Brittany Moore -Assistant Counsel

Brittany Bishop -Assistant Counsel Ken Rye -Assistant Counsel

Maritime Law Team

Trevor Rush- Supervisory Associate Counsel Tom Herold -Counsel, MSC CENT Page Turney -Counsel, MSC FE

Jack Toner -Counsel, MSC EU RAF Kimberlie Young -Counsel -MSC LANT

Stu Belt -Counsel, MSC PAC

Ship Repair Team

Mark Kallenbach - Supervisory Associate Counsel D. J. Thornley -Associate CounselCece Martin -Associate CounselVacant -Assistant Counsel

Support Staff Terri Blair -FOIA/PA Coordinator Theresa Jackson -Paralegal Specialist

Matthew Lupton -Government Information Specialist

Vacant-Paralegal Specialist

Bridgett Pittman -Legal Technician

UNCLASSIFIED//FOUO As of 1300 15OCT19

United We sa9fR: NOOLMilitary Sea/ift Command 2

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Legal Practice Subject Matter

• Personnel Law • Command Investigations

• Government Procurement(JAGMANs, ALRs etc.)

• Labor Relations• Interpreting Laws

• Ethics• Admiralty Law

• FOIA• Operational Law

• Privacy Act• Anything asked

• Proposed Legislation

• MSC Office of Counsel represents Military Sealift Command• No attorney client relationship with employees in personal capacity

• Does not provide legal assistance

• Does not provide personal legal advice.

• DoJ Representation

Military Sealift Command UNCLASSIFIED//FOUO

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POCs/DAEO

MSE Ethics Counselors

• Designated Agency Ethics Official

• Garrett L. Ressing, General Counsel of the Navy (Acting)

• MSC Ethics Counselors• Kate DeMane, Counsel - (757) 443-5287• Timothy Murphy, Deputy Counsel - (757) 443-1215• Mark Kallenbach, Supervisory Associate Counsel - (757) 443-1802• Kourtney Osegueda, Assistant Counsel - (757) 341-5531

• _Military Sealift CommandUNCLASSIFIED//FOUO

As of 1300 15OCT19

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The Tenents of Ethical Conduct

• Public service is a public trust.

• Put forth honest effort in the performance of your duties.

• Do not use public office for private gain.

• Act impartially and do not give preferential treatment to any privateorganization or individual.

• Avoid any actions creating the appearance that they are violating thelaw or the ethical standards.

Military Sealift Command UNCLASSIFIED//FOUO

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Basic Concepts Gifts from Outside Sources

• Gift: includes almost anything of monetary value.

• General Rule: An employee shall not solicit or accept a gift givenbecause of an official position or from a prohibited source.

• Exception(s):

• 20/50 Rule

• Family/personal relationship

• Commercial discounts

• From outside business activities

• Others

• Get advice from Ethics Counselor

• Get advice from Ethics Counselor

As of 1300 15OCT19

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Basic Concepts Gifts Between Employees

• General Rule: An employee shall not:• Give or solicit a gift to/from an official superior; or• Accept a gift from a lower paid employee.

• Exceptions (Never Cash):• Unless the donor and recipient are personal friends who are not in a

superior-subordinate relationship.• Occasions when gifts are traditionally given (birthday, holiday $10 limit per

occasion)• Personal hospitality & hostess gifts• Food and refreshment shared in the office• Infrequent occasion of personal significance (marriage, birth, etc.)• Occasions that terminate superior-subordinate relationship (retirement,

transfer, etc.)

Military Sealift Command UNCLASSIFIED//FOUO

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Commercial Dealings Between Employees

• A federal employee may not use their Government position,title, or any authority associated with their office to induce orcoerce another person, including a subordinate, to provide anybenefit to them or anyone with whom they are affiliated. 5C.F.R. § 2635.702(a).

• Whether on or off duty, an employee is not permitted toknowingly solicit sales from personnel (or the family membersof such personnel) who are junior in rank, grade, or position.

• Exception: in the absence of coercion or intimidation, this ruledoes not prohibit the following commercial dealings:

• (1) the sale or lease of an employee's noncommercial personal

( car) or real property (house) or• (2) commercial sales solicited and made in a retail establishment

during off-duty employment. DoD 5500.07-R, §§ 2-205, 5-409.

• Both the act of soliciting and the act of selling as a result ofsoliciting are prohibitea.

• Whether in the federal workplace or not, a federal employeemust be careful to avoid soliciting or making solicited sales ofcommercial items to other employees who are ,·unior in rank,grade or position and to members of their fami y.

Military Sealift Command UNCLASSIFIED//FOUO

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Conflicting Financial Interests

• You are prohibited from participating in an official capacity in anyparticular matter in which you have a financial interest if the particularmatter will have a direct and predictable affect on that financial interest.

• 18 USC 208 - self and "imputed interests"• 5 CFR 2635 - "covered relationship"

Military Sea/ift Command UNCLASSIFIED//FOUO

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Impartiality

• You should not participate in certain matters in an official capacity ifpersons with knowledge of the relevant facts would question yourimpartiality in those matters.

Military Sealift CommandUNCLASSIFIED//FOUO

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Misuse of Position & Resources

• Use of Government Property

• Use of GOVs

• Use of Computer, Email and internet

• Use of Public Office for Private Gain

• Use of Non-Public Information

• Use of Official Time

• Travel Benefits - Frequent Flyer Miles

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Use of Government Property

• An employee has a duty to protect and conserve Government propertyand shall not use such property, or allow its use, for other thanauthorized purposes.

• Excess, Surplus Government Property - DRMO

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Government Owned Vehicle (GOV)

• Includes rental and leased vehicles paid for with government funds.

• Use of GOVs - the general rule is simple - federal employees may usegovernment vehicles only for official purposes.

• Willful violations are punishable under 31 USC § 1349, and employees aresubject to disciplinary action, including removal, for the misuse ofgovernment vehicles. 31 USC § 1344.

• For civilian employees, the minimum penalty is suspension from duty fornot less than 1 month without pay.

• "Official Use"• Whether a use is an official use is a matter of administrative discretion

consistent with statute and regulation. All factors must be consideredincluding whether the transportation is:

• (1) essential for successful completion of a DoD function, action or operation;and

• (2) consistent with the purpose for which the vehicle was acquired.

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Government Owned Vehicle (GOV)

• Use of GOVs - Prohibited Uses.

• The following is an illustrative list of prohibited uses of a GOV.• Home to work transportation/Work to home transportation.

• Private social functions.

• Personal errands and personal business at any time.

• Attending official functions in a personal capacity.

• Transportation of family member(s) or visitor(s) without escort/official purpose.

• Use inconsistent with the purpose of the official vehicle.

• "Frolics, detours and side trips" for unofficial business while using a GOV for anofficial purpose.

• Use in excess of the transportation need (using a bus to transport one person).

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Use of Computer, Email and Internet

• Federal Government communication systems and equipment {includingGovernment owned telephones, facsimile machines, electronic mail,internet systems, and commercial systems when use is paid for by theFederal Government) shall be for official use and authorized purposesonly.

• Use of Computer, Email and Internet• Monitored - No expectation of privacy• Not secure - Classified, PII, etc.

• Personal Use - very limited and subject to conditions• Example - the use does not put Federal Government resources to uses that

would reflect adversely on DoD or the DoD Component {such as involving

commercial activities; unofficial advertising, soliciting or selling; violation

of statute or regulation; and other uses that are incompatible with public

service).

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Use of Computer, Email and Internet

• Use of Non-Public Information

• Classified Information

• Privacy Sensitive Information

• PII

• Medical

• Source Selection Sensitive Information

• OPSEC

• Proprietary Information

Military Sealift Command UNCLASSIFIED/JFOUO

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Temporary Duty - TAD/TDY

• Incidental travel while on official TOY to locations necessary to thetraveler's subsistence, health or comfort when public transportation isunavailable or its use is impractical is considered official use - Nofentertainment.

• Liberty Bus - Not a TAD or TOY vehicle. Liberty Buses are authorizedfor use by employees, i.e., civil service mariners who are assigned to aship in a regular duty assignment status. A ship assignment is not aTAD or TOY assignment. There is thus no authorization for using aLiberty Bus to conduct individual personal business or errands.

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Frequent Flyer Miles & Benefits

• Frequent Flyer Miles & Benefits• Promotional items (including frequent flyer miles, upgrades, or access to

carrier club or facilities) as a result of using travel or transportation servicesobtained at Federal Government expense or accepted under 31 U.S.C. § 1353may be retained by the employee for personal use provided the promotionalitems are obtained under the same terms as those offered to the generalpublic and at not additional cost to the Federal Government.

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Travel

• Upgrades to 1 st or Business Class okay if purchased with personalfunds and personal frequent flyer miles.

• Bumping• Involuntary - any compensation/benefit belongs to the United States

government• Voluntary - (no mission or cost impact) belongs to the employee.

• Delays• Benefits received due to inconvenience are government property (hotels and

tickets)

• Luggage• The employee may keep compensation for lost and delayed luggage.

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Use of Official Time

• An employee shall use official time in an honest effort to perform officialduties.

• An employee shall not encourage, direct, coerce, or request asubordinate to use official time to perform activities other than thoserequired in the performance of official duties or authorized inaccordance with law or regulation.

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Fraud, Waste and Abuse

• Report it.• Chain of Command

• MSC Hotline Info with the Inspector General's Office:

• Email: [email protected]

• Phone: 866-836-6919

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Employment

• Outside Employment/Activities• Permission• Conflicts of Interest concerns• Endorsement• Use of name, title, position, etc.

• Seeking Other Employment• Conflict of Interest concerns• Disqualification requirements• Get an ethics opinion

• Post-Government Employment• Request and receive a Post-Government Ethics Restrictions advisory

opinion.

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The Fly America Act

• The "Fly America Act" requires uniformed members and DoD civilianemployees including CIVMARs to use U.S. certificated air carriers for allcommercial air transportation of persons/property when the U.S.Government funds the air travel.

• WARNING - There is a financial penalty for failing to comply with the FlyAmerica Act. There is no reimbursement (for any leg of the journey) fortransportation costs when unauthorized/unapproved non-U.S.certificated air service is used.

• When an exception applies, federally funded, official travel on a non­U.S. certificated air carrier must be documented, approved andauthorized before travel takes place.

• To ensure compliance with the Fly America Act, use the NavyCommercial Travel office when making travel arrangements.

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Garnishments

• Garnishments are now handled by DFAS

• Call - 888-332-7411 with questions

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CIVMAR Matters

• "Touhy" Requests

• Request and/or subpoena to:• Testify as a government witness,• Provide documents; and/or• View/photograph government property.

In litigation in which the United States is not a party• Must get authorization from the Office of Counsel.• Subject to detailed procedures.• Contact the Office of Counsel immediately.

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Jury Duty

• Procedures for CIVMARS with jury duty summons requesting supportfrom Legal.

1. You must either be on a ship, awaiting orders to report to a ship, or intraining.

2. You must provide NOOL with a copy of the jury summons, front and back.In addition, if the jury summons contains a questionnaire, you mustcomplete the questionnaire and sign it.

3. Your detailer must also prepare a brief note, letter, or memo to the court orjury commissioner requesting that you be excused from reporting for juryduty at this time as your dates for service conflict with your job/shipassignment.

4. You are responsible for following all directions on the Summons to requesta continuance and to follow-up with your request. NOOL is only providing asupporting letter. You are the one who is responsible for taking care of thismatter. NOOL needs a minimum of seven days to prepare the supportingletter.

5. POC for Jury Duty letters: Bridgett Pittman, Office of General Counsel,757-443-2398, [email protected].

Military Sealift Command UNCLASSIFIED//FOUO

As of 1300 15OCT19

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