Ethics Training for NRCS Employees

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Ethics Training for NRCS Employees
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 1
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Ethics Training for NRCS Employees

• Todays Agenda
• Part 1 Participation in Non-Federal
  Organizations
• Part 2 Outside Employment
• Part 3 Post-Retirement

• Handouts

• Copy of the Training Presentation
• Training Certification Form
• Personal v. Official Participation Quick
  Reference Chart
• Procedures for Approval of Outside Employment

 
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 2
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Ethics Training for NRCS Employees

• Part 1 Employee Participation in Non-Federal
  Organizations
• Whats New Why Now
• Conflicting Interests
• Fundraising

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 3
4

• Impact of 2002 Farm Bill and External Assessments
• Demand greater transparency
• Employees must avoid
• Conflicts of interests
• Loss of impartiality
• Prohibited representation
• Use of non-public information

• Chief Knight
• Agreed to implement safeguards

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 4
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Chief Knight Agreed-to-items Ethics

• Safeguards
• Liaison Designation Form
• Ethics Provision for Agreements
• Specific Training

• NRCS Leadership
• Liaisons
• Employee Organizations
• National State Partnership Leaders
• Tribal Liaisons
• Outreach, limited resource farmer EJ
  Coordinators
• SEPMs
• Etc.

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 5
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Ethics Training for NRCS Employees
Purpose of the Safeguards To reduce the risks by
reminding

• ALL Employees must
• Avoid conflicting interests
• Be clear about lines of loyalty
• Avoid prohibited activity or lobbying

Especially liaisons employees with liaison
responsibilities
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 6
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Ethics Training for NRCS Employees
Employees should ALL have completed training and
be familiar with rules on

• Conflicts of Interests
• Loss of Impartiality
• Prohibited Representation
• Misuse of Position
• Political Activity
• Lobbying

USDA Ethics Website at www.usda-ethics.net
See GM 110, Part 405.130
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 7
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Ethics Training for NRCS Employees
Conflicting Interests Simplified

• An employee may not, as part of his or her
  Government job

• work on any particular matter
• involving specific parties
• in which the employee has an interest
• If the matter affects that interest

The prohibition also applies if someone with
whom the employee has certain personal or
business relations has an interest in the matter.
See 5 CFR 2635, D E
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 8
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Ethics Training for NRCS Employees

• Interests that Trigger Disqualification
  Requirement

• Employee
• Spouse or minor child
• General partner
• Outside employer or prospective employer
• Non-Federal organization in which employee is an
  officer, director, trustee, or
  general partner
• Person with whom employee has or seeks a
  business, contractual or other financial
  relationship
• Member of household or close relative
• Employer of spouse, parent or dependent child
• Non-Fed employer within past 1 year
• Non-Fed organizations in which the employee is
  active or
• Person or Org for whom the spouse, parent or
  dependent child is an employee, officer,
  director, consultant, contractor, agent, etc.

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 9
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Ethics Training for NRCS Employees
This is true for ALL Employees
Exceptions Board Membership, Committee
leadership internal business 1) Rural
Development Councils, and 2) SARE
Administrative Councils
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 10
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Ethics Training for NRCS Employees
Ethics, Simplified

• For most of us, involvement with non-Federal
  organizations is not official business
• Do not use Government
• Title
• Time
• Travel
• Equipment

See 5 CFR 2635 Subpart G
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 11
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Ethics Training for NRCS Employees
In Contrast,

• NRCS Liaisons and
• Employees assigned liaison responsibilities
• May use official time, as appropriate, for
  certain activities with non-Federal organizations

But,
. .
They can not work on, and may not keep, the
liaison responsibilities if active in that
organization.
See Liaison Designation Form in GM 110 Part
405.134
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 12
13
.
Title 110 General Manual
405.135 Personal v. Official Participation in
Non-Federal Organizations - Quick Reference
Flowchart

• Use NRCS
• Title
• Travel
• Time
• Equipment

No
Personal
Official
Yes
No
Yes
Yes
No
No
Board Member
NRCS Liaison
Yes
NA

• Use Liaison Designation Template
• Designation by State Conservationist or Higher
• Does Not Vote
• No Lobbying
• No Involvement in Internal Business (finances,
  fundraising, membership, elections, etc.)
• Membership Okay Provided Not Active

(110-GM, Amend. 2, November 2003) 405.N.135-1 No
vember 2003
Next
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Ethics Training for NRCS Employees
Ethics, Simplified
Just say no!

• RCD Coordinators and other liaisons
• Outreach, limited resource farmer and EJ
  coordinators
• SEPMs
• Tribal Liaisons
• IPAs (if Officer)
• Technical or administrative contact for an
  agreement

See USDA Ethics Issuance 00-1 and 5 CFR Part
2635.403(b)
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 14
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Ethics Training for NRCS Employees
Simplified
Prohibited Representation
Not officially Not personally
See 18 USC 203 205
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 15
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Ethics Training for NRCS Employees
Simplified
Prohibited Representation
Limited Exceptions . . . provided no compensation
However, there are no exception when dealing with
Contracts, claims, agreements, grants, etc.
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 16
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Ethics Training for NRCS Employees
Simplified
Misuse of Position
Exceptions 1) Rural Development Councils, and
2) SARE Administrative Councils
See 5 CFR 2635 Subpart G
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 17
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Ethics Training for NRCS Employees
What Have We LearnedWhat should you do?
1. The STC asks you to be liaison to the Society
for Range Management. You are on its Executive
Board.
Disqualify yourself.
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 18
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Ethics Training for NRCS Employees
What Have We LearnedWhat should you do?
2. You have been a member of SWCS for years.
You used to be more active, even serving as Chair
of the Conference Committee in past years. In
recent years, however, you have been willing to
serve on a few committees but not accept the
responsibility of being a committee or
subcommittee chairperson. The STC asks you to
coordinate the Agencys response to their
upcoming training conference, including the list
of employees approved to attend.
You can do it.
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 19
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Ethics Training for NRCS Employees
What Have We LearnedWhat should you do?
3. You come from a farming background and have
always known you would work for NRCS. Now, as
the state SEPM you have a chance to really help
people. That state employee organization elects
you to be an Officer.
If you accept, you may no longer be able to be
the SEPM. If you accept, tell the STC. The STC
should get specific ethics guidance on what to do.
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 20
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Ethics Training for NRCS Employees
A Few Words About Fundraising

• DO NOT
• participate in political fundraising, personally
  or officially.
• permit the use of your official title, position
  or authority when doing personal fundraising.

• You may not engage in official fundraising
  outside the...
• Combined Federal Campaign

(very narrow exception for Federal unions)
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 21
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Ethics Training for NRCS Employees

• Fundraising includes
• Raising funds for a nonprofit organization
  through
• the solicitation of funds or sale of items, or
• Employees official participation in the conduct
  of an event where any portion of the cost of
  attendance or participation may be taken as a
  charitable tax deduction by a person incurring
  that cost.

Except a political organization
Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 22
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Ethics Training for NRCS Employees
Fundraising

• You are actively and visibly participating in the
  conduct of an event if

• sitting at the head table
• serving as honorary chairperson or
• standing in a reception line

When in your official capacity, dont!

• Employees are not prohibited from
• mere attendance provided their attendance is not
  used to promote the event.
• giving an official speech at a non-profit
  fundraiser provided it is approved by NRCS.

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 23
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Thank you.

• Reminder
• To Receive Training Credit
• Complete the training participation sheet
  (handout)
• Give the completed form to Nancy Lee, SAO state
  ethics advisor

Developed by the NRCS Ethics Office
Presented by the NRCS Ethics StaffSupervisory
Training, Lake Placid, NY October 26, 2004
Slide 24