Ethics and Legal Awareness
Linda Siegle, Chesapeake Bay Area CFC
Nita Yates, Hawaii CFC
2012 Combined Federal Campaign Training Conference
Myths and Legends
• All Campaigns are the Same
• It is Better to Beg for Forgiveness Than to Ask
for Permission
• Most Federal Agencies Interpret Things in a
Similar Fashion
• If You Did It, Then I Can Do it Too!
• Black and White Solutions
• The Legal/Ethics ‘Silver Bullet’
2012 Combined Federal Campaign Training Conference
Reality
• Legal/Ethics Responsibilities Permeate Your
Entire Campiagn
• No two General Counsel and/or Ethics Officers
ever interpret a regulation the same way
• Ethics/Legal Issues are Frustrating
– Inconsistencies
– Affects Morale and Creativity
– No Hard and Fast Guidance
– Often Time Consuming
2012 Combined Federal Campaign Training Conference
So, What’s a Campaign to Do?
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Be Aware
Be Flexible
Be Creative
Plan Ahead to Allow Legal/Ethics Research
Don’t Avoid/Ignore Legal/Ethics
Remember the Purpose of the Campaign
2012 Combined Federal Campaign Training Conference
Levels of Concerns
• Campaign Level
– Governance
• LFCC Membership / Oversight
• Campaign Committees
– Campaign Staff
– Campaign-Wide Events and Activities
• Federal Agency Level
– Campaign Committee / Oversight
– Agency Events and Activities
2012 Combined Federal Campaign Training Conference
Regulations
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5 CFR 950
CFC Memoranda
DoD Directive 5035.1
Army Regulations (AR600-29)
Guidance from Specific Agencies
– Ethics Officer
– General Counsel
2012 Combined Federal Campaign Training Conference
Campaign Level
• Governance and Oversight
– Conflict of Interest
– Avoid Coercion
• Campaign Budget and Expenses
– Legitimate and Necessary Expenses
– Return on Investment
– How Would Donors View Use of Funds?
• Campaign Volunteers and Staff
– Conflict of Interest
– Solicitation of Businesses
2012 Combined Federal Campaign Training Conference
Application Review
• Federal Employees Must Perform Review
– PCFO May Support Process
• Conflict of Interest
• Fair, Consistent Treatment of ALL Applications
– Standardize the Process
– Train Review Committee Members
2012 Combined Federal Campaign Training Conference
Charity Speakers
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Be Consistent
Be Fair to All
Ensure Equal Opportunities
Provide Guidelines/Training to Speakers
Some Agencies Will Not Support
– Concerned that it will appear as ‘endorsement’
– Only allow if ALL charities are notified
2012 Combined Federal Campaign Training Conference
Sponsorships / In Kind Donations
• Federal Employees May Not Solicit
• Use Standard Process for Request
• Determine How You Will Acknowledge
– Be Consistent
– No Posting of Logos or Web Links
• Use of Funds / Items
– Campaign Wide?
– Equal Opportunity for Federal Agencies to Access
2012 Combined Federal Campaign Training Conference
Events / Activities
• Events and Activities Raise Awareness
• Vary widely from Agency to Agency
– Different cultures
– Ensure appropriateness of event
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Equal Ability to Participate
“Raffles” versus “Drawings”
Approvals Well Ahead Help Avoid Stress / Issues
Some Agencies Authorize ‘Standard’ Events
2012 Combined Federal Campaign Training Conference
Giveaways/Recognition Gifts
• Should Be of ‘Nominal’ Value
– What is nominal value?
– Be aware of rules regarding the ability of federal
employees to accept gifts or meals
• Look at Return on Investment (ROI)
• Always Safe to Use ‘Internal’ Prizes
– Executive Parking Space
– Lunch with Boss
2012 Combined Federal Campaign Training Conference
Employees / Volunteers
• On the Clock?
– During work hours?
– On leave?
• On federal property?
– Agency rules/policies apply
– Safety, injury
• Off federal property?
– What liability is there?
2012 Combined Federal Campaign Training Conference
The Bottom Line
• LEGAL – Know the rules, be informed
• ETHICS – “Would you be comfortable if this
appeared on the front page of your local
newspaper?”
• Ensure your staff and volunteers are aware of
legal and ethics concerns
• Plan ahead and/or standardize
• Be CONSISTENT
• Common sense!
2012 Combined Federal Campaign Training Conference