Get documents about "2006 Ethics Training - GA
Document Sample
2006 Ethics Training - GA
Gifts and Other Real World Issues
For
Employees Working with Partners
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 1
2006 Ethics Training - GA
Topics
Gifts & Special Privileges
Awards & Training
Travel Assistance
Prizes At Conferences
Holiday Parties
Partnership Business
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 2
2006 Ethics Training - GA
Gift
Any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value.
It includes services as well as gifts of training,
transportation, local travel, lodgings and meals,
whether in-kind, by purchase of a ticket payment in
advance or reimbursement.
No limits on accepting
Modest refreshments (e.g., coffee and donuts)
greeting cards
Plaques
rewards and prizes open to the general public
pension from a former employer
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 3
2006 Ethics Training - GA
Employees generally may not accept a gift
given because of their official position, or
from certain interested parties (“prohibited sources”)
Gift is given because of employees position if
If it would not have been offered or given if the
employee held some other position, or
It is offered or given because of where the employee
works and/or
It is offered or given because of the employee’s duties
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 4
2006 Ethics Training - GA
Prohibited source:
Persons, organizations, etc.
Seeking official action by the employee's agency
Doing or seeking to do business with the
employee's agency
Regulated by the employee's agency, or
Having interests that may be substantially
affected by performance or nonperformance of
the employee's official duties; or
Is an organization a majority of whose members
fit any of the above categories
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 5
2006 Ethics Training - GA
Employees are generally prohibited from accepting anything
of value from a prohibited source.
Prohibited sources? Yes or No ?
Y Districts
Y AgriBusiness
Y RC&D Councils
Y This hotel
Y District Employees
Y Employee Organizations
Y Universities
N Movie Theatres
Y Farmers
Y State and Federal Agencies
Y Conservation Organizations
Y Professional Societies
Y Ag and Environmental Groups ASA, NWTF, SWCS, etc.
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 6
2006 Ethics Training - GA
Gifts Yes or No ?
Y Ticket to the game
Y Weekend at my cabin
Y $ for airfare
Y Airplane ticket
Y Ride to the airport
Y Special privileges
hunting or fishing access
discounts not available to the public, etc.
Y $ 5 for holiday party
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 7
2006 Ethics Training - GA
Gift Exceptions
$20 or less per occasion (max. $50 per yr. per source)
based a close personal relationship
based on an outside business or employment
relationship
in connection with certain political activities
Certain refreshments and entertainment in foreign
countries
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 8
2006 Ethics Training - GA
Gift Exceptions (continued)
Require ethics approval:
Attendance at widely attended gatherings
Awards and honorary degrees
Training Awards
Travel Payments from non-Federal sources
There are also specific limitations on the use of some exceptions
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 9
2006 Ethics Training - GA
NEVER
solicit
coerce the offering of a gift
use exceptions so frequently a reasonable
person would believe you were using public
office for private gain.
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 10
2006 Ethics Training - GA
Disposal of Prohibited Gifts
Return or pay market value
If perishable & not practical to return to donor, the
employee‟s supervisor or Ethics Advisor can choose to
to give it to charity
let recipient‟s office share it
destroy it
Reimburse the donor the market value for
any entertainment, favor, benefit, service or
other intangible
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 11
2006 Ethics Training - GA
WAG 2635.204(g)(3)(i)
STC can approve
All / most NRCS situations require specific ethics
finding to approve (SEA)
Required if -- employee’s performance or non-
performance affect the sponsor’s interest [or if an
organization, the employee’s performance affects a
majority of its members] - -
Widely Attended Gatherings
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 12
2006 Ethics Training - GA
Awards & Honorary Degrees
Requires DCH MGT approval
Training Awards
Requires approval by DCH MGT
Includes any training awards including
Ag Leadership Training Program
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 13
2006 Ethics Training - GA
Non-Federal Travel Assistance
Requires DCH MGT approval
Requires advance approval if expected
7 day limit to request post approval
SARE Policy
Advisory Council Meetings
HQ approval not required
PDP Activities
HQ approval required.
Will not be approved.
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 14
2006 Ethics Training - GA
Prizes at Conferences
[drawings or contests entered while attending a conference on
official duty]
Will not be a “gift” (i.e., prohibited) if open to public unless
entry is related to official duties.
Can not accept if results from expenditure of Gov‟t funds
Can not even accept if personal voluntary entry unless
„open to the public‟
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 15
2006 Ethics Training - GA
Prizes at Conferences
If an employee attending on official time voluntarily enters a
drawing (open to the public) in his personal capacity, (example at
an individual vendor's booth), acceptance of a resulting prize
would not be precluded by the employee’s official status, as entry
into the contest was not required by or related to duty.
If, however, all attendees are automatically entered in a drawing
as a consequence of registration, the employee who attends
officially could not accept any resulting "door" prize, because
entry in the contest was related to official duties.
Also, the employee could not accept a prize received where entry
into a drawing was restricted to attendees who completed an
evaluation sheet, as the act of completing that evaluation, even if
optional, “must be viewed as incident to the performance of
official duties.”
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 16
2006 Ethics Training - GA
Not “Open to the Public”
registration fee is charged to attend conference, or
there are other factors that effectively limit who can
attend. Example:
–Limit on number of attendees
–Attendance restricted to those with certain requisite skills
or work assignments
Reason: Effectively narrows pool of contest participants.
Fix - - Extend opportunity to enter contest beyond the
conference participants to any other interested persons, in
order to be considered “open to the general public”.
Example: make opportunity to enter contest available to anyone
by providing entry blanks to the general public at the Mall prior to
the drawing.
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 17
2006 Ethics Training - GA
Prizes at Conferences
Accept? Yes or No ?
N Contest entry linked to registration
N Raffle tickets sold only at Conference
N Raffle tickets not connected to registration,
and tickets also sold at the Mall
Y Raffle tickets not connected to registration,
and tickets given away at mall
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 18
2006 Ethics Training - GA
Holiday Parties
Example: Co-location with Non-Federals
District, Council, Volunteers or Contractors
Accept? Yes or No ?
N $ contribution to cost of food
N Can of cranberry sauce
Y Prepared food
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 19
2006 Ethics Training - GA
Ethics & Appropriations Law in Program Guidance
Examples:
RC&D Manual - -
Do not supervise Council Tech leadership vs. administrative support
employees Coordinator vs. Executive Director
Do not represent the Council Do not prepare application on Fedbizpps.gov
Do not handle Council funds Not responsible for Council business
Conservation Programs guidance
Do not represent the District Don’t conduct District meetings
Do not handle Council funds Don’t set agenda but advise what it needed
Etc. Stay out of District affairs
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 20
2006 Ethics Training - GA
Resources
Gifts Between Employees at 2635.301 - 304
Gifts from Outside Sources at 2635.201 - 205
Vendor promotional training at 2635.203(f)
Discounts and similar benefits at 2635.204(c)
Prizes at Conferences (do99017)
Gifts based on a personal relationship at 2635.204(b)
Free attendance at widely attended gatherings [see 2635.(g)]
Gifts in connection with permissible political activity (see 2635.205(f))
Awards and Honorary degrees (see Part 2635.204(d))
Gifts accepted under specific Statutory Authority
Gifts to Agency (DR 5200-3)
Non-Federal Travel Assistance (31 USC 1353)
Outside Training Awards (41 USC 4111)
RC&D Programs Manual
Conservation Programs Manual
5 CFR 2635
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 21
2006 Ethics Training - GA
Questions?
Presented by the NRCS Ethics Office – January 12, 2006 For the Georgia State Office Slide 22
Related docs
