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Ethics 101 for State Employees

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Title: Ethics 101 for State Employees


1
Ethics 101 for State Employees
2011 www.ct.gov/ethics 860-263-2400
2
Ethics in Government Today
  • No responsibility of Government is more
    fundamental than the responsibility for
    maintaining the highest standards of ethical
    behavior by those who conduct the public
    business. There can be no dissent from the
    principle that all officials must act with
    unwavering integrity, absolute impartiality, and
    complete devotion to the public interest. This
    principle must be followed not only in reality
    but in appearance. For the basis of effective
    government is public confidence, and that
    confidence is endangered when ethical standards
    falter or appear to falter.
  • President John F. Kennedy, April 27, 1961.

3
Workshop Objectives
  • Introduce the Office of State Ethics
  • Identify main points of the Code of Ethics and
    discuss new developments
  • Review resources available to help you comply
    with the Code

4
Office of State Ethics (OSE)
  • Public Act 05-183
  • Created OSE
  • Effective July 1, 2005
  • Citizens Ethics Advisory Board
  • 9 appointed members
  • Monthly open meetings
  • Connecticut General Statutes, Chapter 10, Parts I
    and II, limited Part IV

5
Office of State Ethics (OSE)
  • Educate Regulated Community
  • Provide Public Information
  • Interpret and Apply the Codes
  • Investigate Potential Violations, Prosecute
    Violations

6
The Big Picture
  • Who is covered by the Codes of Ethics?
  • All state officials and employees (except judges)
  • Certain provisions also apply to former public
    officials and employees
  • Lobbyists
  • Certain provisions apply to contractors
  • Whats the point?
  • The law is intended to prevent individuals from
    using public position or authority for personal
    financial benefit.

7
Voting and Official Action
  • Prohibited if official expects that he, she,
    spouse, child, associated business, will derive
    direct monetary gain (or suffer direct loss) as a
    result of that action
  • OK if any resultant gain/loss is equal for any
    other member of the group affected

8
Reporting Violations
  • Mandatory Reporters
  • Commissioners
  • Deputy Commissioners
  • State Agency Heads and Deputy Heads
  • Quasi-public Agency Heads and Deputy Heads
  • Persons in charge of state agency procurement and
    contracting

9
Ethics at Work
  • On the Job

10
Gifts - Definition
  • A gift is
  • Anything of value
  • Directly and personally received
  • Unless consideration of equal or greater value

11
Gifts - Sources
  • Restricted Donors
  • Registered lobbyists
  • Regulated by, doing or seeking to do business
    with agency
  • DAS pre-qual list
  • Non-restricted, given by virtue of your position
  • Non-restricted, giving not related to state
    service

12
Gifts From Restricted Donors
  • Any item of value lt 10 with annual aggregate lt
    50
  • Food and beverage lt 50 and person
    paying is in attendance
  • 1,000 limit from registered lobbyist for major
    life event
  • No limit if gift from family member
  • Other gift exceptions

13
Gifts to the State
  • Goods and services provided to a state agency or
    quasi-public agency for use on state or
    quasi-public agencys property or that support an
    event, and which facilitate state action or
    functions

14
Conferences/Workshops Prohibited
  • It is no longer permissible for a state agency to
    accept conference or workshop registration from
    restricted donors
  • (certain costs for active participation at events
    may be reimbursed under necessary expenses)

15
Necessary Expenses
  • No fees/honorariums for articles or speeches in
    official capacity
  • Necessary Expenses
  • Travel
  • Lodging
  • Meals
  • Related conference expenses

16
Gifts From Non-restricted Donors
  • If given by virtue of ones state position
  • Any item of value lt 100 per year
  • All gift exceptions
  • If not given by virtue of state service
  • No limit

17
Gift Reporting - 1-84 (o)
  • Gift giving to public officials or state
    employees must be reported within 10 days by
    providing the gift recipient and the head of that
    individuals department or agency a written
    report stating
  • name of the donor
  • description of item(s) given
  • value of such item(s) and
  • Total cumulative value of all items to date to
    the recipient during the calendar year

18
Gifts Summary Chart
Donors Gifts Exceptions Restricted Dont
accept 1-79(e) 1-18(lobbyists,
vendors/contractors) Non-restricted, giving
motivated Up to 100 from 1-79(e) 1-18by your
position each source per year Non-restricted,
giving not motivated by your position No ban,
no limits N/A
19
Gifts to Other Employees
  • Gifts between Subordinates and Supervisors
  • 99.99 limit per gift
  • No pooling for group gifts except when there is a
    major life event

20
Ethics After Hours
  • Moonlighting

21
Outside Employment
  • Precautions
  • Cannot impair public officials or state
    employees independence of judgment
  • No disclosure of confidential information
  • No use of state time, materials or personnel
  • Translation employee may not accept outside
    employment with a business that can benefit from
    his or her state actions

22
Outside Employment Note
  • Working for an entity that represents others
    before 13 agencies below is not permitted
  • State Insurance and Risk Management Department of
    Motor Vehicles Board
  • Claims Commissioner Gaming Policy Board
  • Office of Health Care Access Division of Special
    Revenue
  • Insurance Department Connecticut Real Estate
    Commission
  • Department of Environmental Protection Connecticut
    Siting Council
  • Department of Public Utility Control
  • Department of Banking
  • Department of Consumer ProtectionLiquor Control

23
Leaving the State
  • Retirement
  • New Job

24
Revolving Door
  • Disclosure of confidential information (lifetime)
  • Ban on representation concerning matters in which
    public official or state employee participated
    (lifetime)
  • _________________________________
  • Representing others before former agency (1 yr.)
  • Contracts over 50,000 (1 yr.)

25
Additional Provisions
  • Other things to keep in mind

26
Contracting with the State
  • No contracts with the state valued at gt 100
  • Unless awarded through open, public process
  • Prohibition for agency heads

27
Other Considerations
  • Regulation Updates
  • Recent Advisory Opinions
  • Individual state agencies may have more
    restrictive ethics policies

28
Enforcement
  • Upon a finding that there has been violation of
    Code or 1-101nn, Board may order
  • Cease and desist
  • File any report or statement as required and
  • Pay a civil penalty of no more than 10,000 for
    each violation

29
Enforcement
  • Confidentiality provisions and filing a complaint

30
OSE Resources
  • Web Site www.ct.gov/ethics
  • Phone 860-263-2400
  • E-Mail ose_at_ct.gov
  • Educational Outreach
  • Monthly Electronic Newsletter
  • Regular Monthly and Quarterly Sessions at OSE
  • Plain-language Guides and Materials
  • Online Training
  • DVD and Web-streaming Video

31
Recap
  • Whenever you do a thingask yourself how you
    would act were all the world looking at you, and
    act accordingly.
  • --Thomas Jefferson
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