Demystifying Government Ethics Pacific Northwest Chapter Meeting - April 13, 2011 Tom Hirano, CGMP Immediate Past President, San Francisco Bay Area Chapter Project Manager - IRS-Taxpayer Advocate Service “Ethics begins with understanding yourself and the way in which you resolve ethical dilemmas” What is Ethics Ethos – Greek meaning custom, practice, usage Generally accepted principles/concepts of good/ evil, right/wrong, moral/immoral Five Levels of Ethics1 Personal Cultural Societal/Community Professional Organizational Ethical Dilemmas Internal sense conflicts with Cultural, Societal, Profes- sional, or Organizational Internal sense of right & wrong conflict with each other Often what is ethical really is what competing interest takes priority (e.g. justice or mercy) Ethics in Government Federal – U.S. Office of Government Ethics General Principles employees shall not use public office for private gain, and employees shall act impartially and not give preferential treatment to any private organization or individual. State – Own agency/department Council on Governmental Ethics Law 1 Ethical Virtuosity, Louie V. Larimer, J.D. Under FTR (41 CFR §§ 301-53.2 - 301-53.3) & the ethics regulations (5 C.F.R. §§ 2635.2012635.204) Familiarization (FAM) trips cannot be accepted under the travel regulations or the ethics regulations. Ethical Questions in Government Meeting Planning (answers condensed from opinions of the IRS Office of General Legal Services & are provided for general information and not evidence of approval. Verification should be attained from the appropriate agency authority) Is it okay to take a FAM trip? Under the travel regulations, promotional benefits (such as free or discounted lodging, airfare, meals or materials) and belong to the Government when received in connection with planning and/or scheduling an official conference or other group (as opposed to performing one’s own official travel). Ethics regulations prohibit an employee’s acceptance of a free hotel room, airfare, or meals from a hotel or other company seeking to do business with the IRS. An employee may not solicit or accept any gift from a "prohibited source" or a gift that is given because of an employee’s official position, unless the item is excluded from the definition of "gift" or falls within an exception to this general rule. The only statutory mechanism under which the agency could accept the offered benefits is 31 U.S.C. § 1353, allowing acceptance of travel payments and reimbursements from non-Federal sources for employees to attend meetings and other similar functions under certain circumstances. Ethical Questions in Government Meeting Planning (answers condensed from opinions of the IRS Office of General Legal Services & are provided for general information and not evidence of approval. Verification should be attained from the appropriate agency authority) Can I use meeting planner points for my vacation? Under the travel regulations, promotional benefits (such as free or discounted lodging, airfare, meals or materials) and belong to the Government when received in connection with planning and/or scheduling an official conference or other group (as opposed to performing one’s own official travel). 5 C.F.R. §§ 2635.202-205 Ethical Questions in Government Meeting Planning (answers condensed from opinions of the IRS Office of General Legal Services & are provided for general information and not evidence of approval. Verification should be attained from the appropriate agency authority) When is it okay to accept a gift from a ”Prohibited Source?” Generally employee cannot accept a gift from a prohibited source. Exceptions: 1. Prizes to competitors in contests including drawings, open to the public. 2. Modest items of food & refreshment not part of a meal. 3. Unsolicited gifts less than $20 per occasion totaling no more than $50 per year from any one source. 4. Gifts based on family relationship or personal friendship. Generally allowable: Ethical Questions in Government Meeting Planning (answers condensed from opinions of the IRS Office of General Legal Services & are provided for general information and not evidence of approval. Verification should be attained from the appropriate agency authority) Can I accept the Grand Prize at a raffle (cash or merchandise)? 1. When card dropped in a public drawing at a public restaurant. 2. When on official assignment to attend a trade show/conference and enters a drawing (open to the public) voluntarily in his personal capacity at vendor is not considered official duties. Office of Government Ethics (OGE) Memorandum 99 x 7 (April 26, 1999). Note that automatic entry (by virtue of registration) or the raffle not open to the public, the employee may not accept the prize. Legalese 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch Federal Acquisition Regulation (FAR) Chapter 1, Sub-Chapter A, Part 3-Improper Business Practices and Personal Conflicts of Interest Resources Business Ethics Magazine http://business-ethics.com/ Council on Governmental Ethics Law http://www.cogel.org/ Ethical Virtuosity Louie V Larimer, 2004 Josephson Institute http://josephsoninstitute.org/ Professional Ethics http://it.toolbox.com/wiki/index.php/Professional_Ethics Sarbanes-Oxley http://en.wikipedia.org/wiki/Sarbanes%E2%80%93Oxley_Act SGMP Code of Ethics http://www.sgmp.org/about/ethics.cfm U.S. Office of Government Ethics http://www.usoge.gov/ Test Yourself Ethics in Government (state of MO) http://ago.mo.gov/cgi-bin/Ethics/quizzes/ethics.cgi Ethics Quiz http://confessonline.com/quiz.asp Monster.com Business Ethics http://resources.monster.com/tools/quizzes/bizethics/ Random House-Real Questions http://www.randomhouse.com/quizzes/index.cgi?ethicist “There are many notions of what is ethical , but your discernment of what is right or wrong is what matters most.”