Department of Defense	March 9, 2000
Office of General Counsel	Number 00-02
Standards of Conduct Office

1.  Mandatory Use of Government Travel Card Delayed Until May 1, 2000

      The Under Secretary of Defense (Comptroller) advised in a Memorandum dated March 1, 2000, that the General Services Administration has granted DoD a 60-day extension in which to implement mandatory use of the government travel card as required by the Travel and Transportation Reform Act of 1998. The new regulations will apply to travel payments for travel beginning after April 30, 2000. The memorandum may be found at: http://www.dtic.mil/comptroller/memo_03012000.pdf.

2.  OGE Training Offerings

      The Office of Government Ethics is offering introductory and intermediate training in a variety of U.S. locations during FY 2000. Visit their website at http://www.usoge.gov/usoge007.html to determine what they are offering near you. Great training for a wonderful price. (Was that an endorsement???)

3.  Use of DoD and Military Service Seals

      Frequently, we receive requests from private groups to reproduce or otherwise use the seals of the Military Services and DoD. Such seals are protected by statute from unauthorized use. As a substitute, the Military Services have established coats of arms or emblems. The points of contact regarding seals and emblems for each Military Service may be found at:  http://www.defenselink.mil/faq/pis/sealuse.html.

      In addition to the Military Services' points of contact, above, the point of contact for the Department of Defense is:

General Counsel, Washington Headquarters Service
1155 Defense Pentagon
Washington, DC 20301-1155
(703) 693-7374.

      On February 7, 2000, the Deputy Secretary of Defense issued a memorandum summarizing the limitations on personal political activities by civilian employees of DoD. This memo is very similar to the DepSecDef memo of November 2, 1994, which it replaces.

      In general, GS and career SES employees have the same limitations as other Federal employees subject to the Hatch Act. Departmental Presidential appointees who are confirmed by the Senate and non-career SES employees, however, have additional restrictions that prohibit them from engaging in activities that could be interpreted as associating DoD with any partisan political cause or issue.

      The DepSecDef memo can be located on our website in the Ethics Resource Library under "DoD Guidance."

5.  Misadventures in Ethics

      Last year a U.S. District Court sentenced a GS-14 Navy employee to a 1-year probation and to pay a $5000 fine for receiving an illegal contribution to his salary in violation of 18 U.S.C. 209. In addition to criminal penalties, the employee was suspended without pay for 20 days. The employee was the Director of a unit that marketed contracts to other activities and then issued delivery orders to the contractors. The illegal contribution was a Coach leather writing portfolio and briefcase, and a laptop computer, which the employee asked one of the contractors for, and received. The investigation started when a contractor employee, who saw the fax that the employee had sent to the contractor requesting the items, notified the Naval Criminal Investigative Service.

      Employees may not solicit or accept compensation, including goods or services, from any non-Government source for performing their government duties. Even though the goods or services may not have affected how they perform their work or make decisions, such as whether to award a contract, it is a violation to solicit or accept such compensation.

6.  OGE Releases Training Video

      On January 24, 2000, OGE announced the availability of its new 12-minute video, "Ethics: Know the Code," a motivational video that focuses on the 14 principles of ethical conduct and features OGE Director, Stephen Potts, and the cartoon characters Dilbert and Dogbert. The announcement and order forms are available on the OGE website at http://www.usoge.gov/daeogram/2000/dt00002.txt.

      Organizations interested in using the film are reminded that special licensing requirements of the film preclude them from making copies or otherwise reproducing it without the consent of cohen/gebler associates. In addition, all orders must be received by OGE no later than April 15. After that, the video will not be available for purchase. Bottom line, if you plan to use this video, act now.

7.  Participation in Political Action Committees

      Recently a career SES employee of DoD asked the U.S. Office of Special Counsel (OSC) for advice on whether he could serve on the board of a political action committee (PAC). In a letter dated December 8, 1999, OSC advised him that since involvement in the administrative activities of the PAC, specifically the disbursement of money to candidates, would cause the employee to engage in political activity in violation of the Hatch Act, he should not accept the appointment to the board of the PAC.

8.  Misuse of Email

      Misuse of email at work is fraught with peril. Another example emerged recently when the Washington Post reported that an aide to Senator Sessions of Alabama intended to send her boyfriend a love letter by email, but instead, accidently forwarded to the senator's constituents. (And you think you had a bad day at the office.)
 

/s/
Steve Epstein
Deputy Director
Standards of Conduct Office