MAKING A DIFFERENCE FOR SAILORS, MARINES AND THEIR FAMILIES

ADFD TRAINING #3ETHICS

GOVERNMENT ETHICSNAVY & MARINE CORPS RELIEF SOCIETY

LCDR Jonathan DowlingDeputy Staff Judge Advocate

Navy Region Southwest (619) 532-1197

jonathan.dowling@navy.mil

Who is the special guest?

Public Trust In Government

GOV’T ETHICS LEGAL RESOURCES Title 18, United States Code

Presidential Executive Order 12674

DoD 5500.7-R (Joint Ethics Regulations)

32 Code of Federal Regulations 2635

SECNAVINST 5340.7

Ethics Gram 14-01

GOV’T EMPLOYEE ETHICS RULES Basic Obligations of Public Service

Bedrock Standards of Conduct

32 CFR 2635.101

14 General Principles

*Ensure Public Confidence in its Gov’t*

BASIC OBLIGATIONS OF FEDERAL SERVICE

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

BASIC OBLIGATIONS OF FEDERAL SERVICE 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

WHO DO THE RULES APPLY TO?

Officers

Enlisted (minor exceptions)

Civilian federal employees

Contractors (If compliance set forth in Contract)

Some former government employees

Reservists If performing official duties On inactive training Earning retirement points

VIOLATION CONSEQUENCES? Criminal Prosecution

Military = UCMJ Violations Civilians = Federal Prosecution

Administrative Action NJP Adverse Action

Civil Penalties

FUNDRAISING ACTIVITIES 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

FUNDRAISING ACTIVITIES (Cont.) 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

PERMISSIBLE FUNDRAISING OFFICIAL CAPACITYVOLUNTARY CONTRIBUTION

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

FUNDRAISING IN PERSONAL CAPACITY

– 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

FUNDRAISING – “TROUBLED WATERS” 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

FUNDRAISING – “TROUBLED WATERS” Sale/Rental Use of Gov’t property/privilege

- Military Civilian Clothes Privileges- Special Liberty- Preferred Parking

FUNDRAISING – “TROUBLED WATERS” 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

FUNDRAISING – CA RAFFLES 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

QUESTIONS?