Department of Defense	September 8, 2000
Office of General Counsel	Number 00-05
Standards of Conduct Office

1.  Navy Opens Public Ethics Website

The Department of the Navy has opened a public ethics website at http://www.ethics.navy.mil. It has current DoD and Navy guidance on the standards of conduct, political activities, and procurement integrity. Check it out!

2.  Navy JAG Updates Reference Guide to Post-Government Service Employment Activities

The Judge Advocate General of the Navy updated the Reference Guide to Post-Government Service Employment Activities of the Department of the Navy in the April, 2000 edition. (tan cover) This publication, which contains everything you want to know about post-Government employment restrictions may be found on this website (under DoD Guidance in the Ethics Resource Library) and the Navy's website: http://www.ethics.navy.mil.

3.  On-Line Annual Ethics Training Available Here

The DoD Standards of Conduct Office has recently released on-line ethics training that may be used to satisfy the annual ethics training requirement for both SF 278 and OGE Form 450 filers. This training, which deals with misuse of public office, is primarily designed for employees of the Office of the Secretary of Defense and Joint Staff, who receive their training directly from DoD SOCO. Other organizations may also use this training, which is located on this website. However, in order to satisfy the requirements for annual ethics training as set out in 5 C.F.R. 2638.704, other organizations must inform their employees of the names, titles, office addresses, and telephone numbers of their designated agency ethics official and other agency ethics officials.  In addition, other organizations must make arrangements with their employees to record completion of the training, because the automatic reporting in the program works only for OSD, JCS, and WHS employees.

Finally, if organizations use this on-line training for SF 278 filers, they must ensure a qualified individual is available to answer questions during and immediately following the training. (5 C.F.R. 2638.704(d)(2)(ii)).

4.  Office of Government Ethics (OGE) Produces On-Line Ethics Training

OGE also has produced on-line ethics training, which deals with gifts between employees. It is located on the OGE website, http://www.usoge.gov. DoD employees who use this training should be reminded of the DoD supplementary rules, which are not included in the OGE training. The DoD supplementary rules are in subsection 2-203 of the Joint Ethics Regulation.

5.  OGE Issues Waiver for Census Workers

In the Federal Register (Vol 65, No 151, 8/4/2000, page 47830) OGE published a final rule creating an exemption for census workers who work for State, local, or tribal governments to work temporarily as enumerators, crewleaders, and field operations supervisors for the Census, notwithstanding their disqualifying interests arising from the interests of their employers. The waiver was issued pursuant to 18 U.S.C. 208(b)(2), and will be codified in 5 C.F.R. 2640.203(l).

6.  General Services Administration (GSA) Updates Regulations on Foreign Gifts

In the Federal Register (Vol 65, No 142, 7/24/00, page 45539) GSA updated regulations for the utilization, donation, and disposal of foreign gifts and decorations. The regulations are written in question and answer format, but do not significantly alter the previous regulation. The new regulation will be codified in 41 C.F.R. 101 and 102.

7.  OGE Released New SF 278 Form

OGE released a new SF 278 Executive Branch Public Financial Disclosure Report form that is downloadable in PDF format from the Ethics Resource Library section of OGE's website, http://www.usoge.gov. The new form (with yellow background shading) incorporates the higher-category reporting, reflects slightly higher reporting thresholds for gifts and reimbursements (over $260 overall, with the exclusion of items worth $104 or less), adds a continuation sheet for transactions, and includes a check-off box to indicate filing extensions. See OGE DAEOGRAM DO-00-026 of July 17, 2000.

8.  Reminder:  No Optional Form 450-A This Year in DoD or Written Materials for Annual Training

In 2000, DoD employees may not file an OGE Optional Form 450-A in lieu of the OGE Form 450 , even if they filed a Form 450 last year. This is also the year we can't use written materials to fulfill the annual training requirement for Form 450 filers. Every 4^th year from now on, we won't be able to use the 450-A's, and every 3^rd year from now on, we won't be able to use written materials. So in 12 years, both of these conditions will meet again in the same year! (What a great year!!)

9.  Hatch Act Determination

The Court of Appeal for the Federal Circuit recently upheld the Merit Systems Protection Board's determination that the Hatch Act, (5 U.S.C. 7323), which limits certain political activities of Federal employees, applies at all times to a Postal Service employee, who worked only on Saturdays. The employee had argued that since he worked only on Saturdays, he was a part-time or occasional employee, and, therefore, the Hatch Act applied to him only on Saturdays, when he was on duty. The Court rejected his argument by noting that the implementing regulation (5 C.F.R. 734.601) identifies part-time or occasional employees as those who work on an irregular or occasional basis. The Court reasoned that since the employee worked every Saturday, he had a regular tour of duty, and therefore was limited by the Hatch Act at all times, not just on Saturdays. (Kane v. Merit Systems Protection Board, No. 98-3191, Federal Cir. 4/27/00)