Joint Ethics Regulation

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Joint Ethics Regulation
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Why the Joint Ethics Regulation?

• It is a matter of public trust in its federal
  employees

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DoD Joint Ethics Regulation (JER)

• Why the JER?
• Who is covered under the JER?
• JER Questions?
• Ask your Supervisor
• See your Ethics Counselor
• Class Overview
• Gifts
• Conflicts of Interest
• Non-federal, Private Organizations

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Gifts

• Determine the status of the gift-giver
• Non-federal sources
• Fellow Federal employees
• Gifts given by airlines and other travel
  companies in conjunction with official travel

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Gifts from Outside Sources

• May not solicit or accept a gift
• Given by a Prohibited Source or
• Given because of your Official position
• Gift Anything of Value
• Prohibited Source
• Does business or seeks business w/ Army or
• Seeks some official action

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Acceptable Gifts from Outside Sources?

• Donut Rule
• Greeting Cards, Plaques
• Discounts offered to the public
• Worth less than 20 per gift or 50 per year
• Based upon a personal relationship
• Foreign Gifts - Minimal Value

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Remember, Strict Prohibitions on

• Soliciting Gifts
• Accepting a gift in exchange for an official
  action (bribery)

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Gifts Between Employees

• Occasional gifts of lt 10 (holiday/birthday)
• Dinner/food in office (reasonable cost)
• Significant occasion-marriage, child (300)
• When senior/subordinate relationship ends
• Generally 300 or less per donating group

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Gifts Between Employees, cont

• Superior may never solicit a gift from a
  subordinate for their own personal wishes
• May never coerce/force subordinate to donate
• Individual donations to a group gift for a
  subordinate may not exceed 10
• Donations must always be voluntary

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Gifts From Official Travel

• Frequent Flyer Miles
• Service member may retain for personal use
• On-the-spot Upgrade OK if not offered because of
  your position
• Bumped Voluntary May keep free ticket
• Bumped Involuntary Ticket is Govt Property
• May not sit in first class while in uniform

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Conflict of Interest

• Financial Conflict/Improper Compensation
• Representation Prohibitions
• Commercial Solicitation of Subordinates
• Post-Government Employment Restrictions

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Non-Federal Entities

• Prohibited Use of Govt Resources
• Protect and conserve Govt Property
• Use only for authorized purposes
• Disclose fraud, waste, and abuse
• Official, Nonpublic Information
• May not use for your personal benefit
• Privacy Act violations - criminal

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Government Resources

• Authorized Purpose
• May include Personal use (remember consent
  monitoring)
• Check local policy or get an officers approval
• Can never use for commercial business
• Use cannot be adverse to Army (pornography)
• Use cannot be at government expense

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Non-Federal Entities

• Prohibited Use of Govt Resources
• Use of Govt Time -Yours
• Put forth honest effort in the performance of
  your duties
• Use of Govt Time - Your Subordinates
• May not direct or coerce subordinate to perform
  other than official duties - criminal violation

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Non-Federal Entities

• Official Relationships
• Official Participation
• Cant serve two masters at the same time the
  private organization and Army
• May attend meetings or, when appointed, act as a
  liaison, always representing Army interests

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Non-Federal Entities

• Official Support
• Endorsement No official endorsement of a private
  organization, including its fundraising
  activities
• Exceptions are CFC, AER (but cant coerce giving)
• Support
• Approved community relations activities OK
• OK when Cdr approves, but may not play favorites
• May disseminate worthy information

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Non-Federal Entities

• Personal Relationships and Support
• Personal Participation
• You have a personal and official capacity
• May join and participate in personal capacity
• Active Participation - Precludes your future
  official actions (remember conflict of interest)
• May endorse in personal capacity
• May use rank and service (SFC John Smith, USA)
• May not use official title in an endorsement

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Non-Federal Entities

• Personal Relationships and Support, cont
• Personal Support
• May participate in personal capacity in POs
• Fundraising OK if purely unofficial, voluntary,
  and outside of the workplace
• Fundraising on post must be approved by the Cdr
• Cannot use official title
• Cannot occur in uniform

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Non-Federal Entities

• Political Activities
• Soldiers may not engage in Partisan Political
  Activity, on or off duty
• May vote, display bumper sticker, voice personal
  political opinions, contribute to political
  parties, attend rallies not in uniform
• May not use official position to influence an
  election, run for or hold office, manage a
  campaign
• DA Civilians have more latitude

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Non-Federal Entities

• Gambling
• Army personnel may not gamble on Army property -
  criminal prohibition
• May not gamble with subordinates at all
• Private wagers among friends in quarters OK if
  not w/ subordinate, IAW local law
• Approved Monte Carlo nights OK

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Joint Ethics Regulation

• CASE 1 Its Sunday, and 2LT Susan is going TDY.
  She has to be in Fort Drum, New York, for a
  meeting 0900 Monday. Her flight from St. Louis
  is overbooked Delta offers a later flight which
  can still get her to Fort Drum that same day and
  200 worth of flight coupons. Can she accept?
• CASE 2 Same scenario, except the flight Delta
  offers will not be able to get her into New York
  until 1000 Monday. Can she accept?
• CASE 3 2LT Susan has completed her TDY and is
  returning to St. Louis. Delta overbooks her
  flight and offers a flight the following day plus
  flight coupons. Can she accept?
• CASE 4 2LT Susan has accumulated frequent flier
  miles as a result of TDYs. Can she use them to
  visit her grandma in Seattle?

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Joint Ethics Regulation

• Case 1 We are having a farewell party for CPT
  Callis. You are invited. Can you bring him a
  gift?
• Case 2 We are having a retirement party for LTC
  Wilson. You are invited. Can you bring him a
  gift?
• Case 3 Vladimir Putin is in town and wants to
  give you a traditional Russian balailaika (value
  2000). Can you accept?
• Case 4 2LT Jones, GBR at OU, goes to the Ford
  plant in OKC as part of an educational day for
  military, local educators, and college students.
  Ford has a buffet lunch for everyone. Can LT
  Ford accept?

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Joint Ethics Regulation

• CASE 1. Its February and your daughter is a
  Girl Scout. Yes, its GIRL SCOUT COOKIE TIME and
  youre asked to take some cookies to the office
  to peddle. Can you?
• CASE 2. The Daughters of the American Revolution
  asks you to speak on current government policy on
  the Joint Ethics Regulation, as an officer and in
  uniform, at their meeting in Pensacola, Florida.
  They offer to pay for your airline fare and
  hotel, and to give you a 200 speaking fee. Can
  you do this?
• CASE 3. Same scenario as above, except the DAR
  chapter wants you to speak about your famous
  ancestor, Benedict Arnold. Can you accept their
  offer?
• CASE 4. CPT Moros, in her spare time, sells
  Amway. You are an avid user of their bubble bath
  and would like to purchase some. Can you
  approach her and offer to buy some?
• CASE 5. CPT Moros, in her spare time, sells
  Amway. She provides you with information
  materials and asks you to purchase some bubble
  bath. You are unsure if this is permissible.

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Joint Ethics Regulation

• Case 1 The Illinois chapter of the Aryan
  Brotherhood has a political rally. You are
  curious as to their views. Can you attend?
• Case 2 The Illinois Chapter of Young Republicans
  has a political rally. You are curious as to
  their views. Can you attend?
• Case 3 The St. Louis Chapter of the Gay/Lesbian
  Alliance has a political rally. You already know
  what their views are but are curious as to their
  wardrobe. Can you attend?
• Case 4 2LT Tent peg is tasked by his Company
  Commander to serve as the Army Emergency Relief
  Coordinator for the battalion. This will require
  him to attend a two day training seminar and to
  spend at least one day per week for the next two
  months performing duties. Is this legal?

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Summary

• Gifts
• Conflicts of Interest
• Non-federal, Private Organizations
• Remember When in doubt contact your supervisor
  or call the Staff Judge Advocate!