It's Not A Gift, It's A Hot Potato
Real Life Ethical Failures
Show Me the MONEY!
What Did They Wrong?
Rock the Vote
100
Your supervisor has season tickets to the local MLB team. She can't use her tickets this weekend, so she offers them to you...for free. Can you accept?
Double points: does it matter how much the tickets cost?
Yes. And no.
Note: There is no limit on gifts from supervisors, but gifts are generally discouraged to ensure equity among subordinates.
100
"USAID Official Aids Himself"
As CFO of the U.S. Agency for International Development, a former official helped draft a contract solicitation for a senior advisor - a position that he intended to apply for after he retired. He tailored the solicitation to his specific skills and experience.
The Government found that the official was guilty of violating this statute.
What is the criminal conflict of interest statute? 18 U.S.C. §208
This is considered personal participation in a particular matter that has a direct and predictable effect on his financial interest.
The former official was ordered to pay the Government a $30,000 penalty in settlement. Note: he could have been jailed. 
100
You have a side business detailing cars. This is what you have to consider when determining whether can sell your service to your co-workers.
***TRICKY QUESTION ALERT ***
What is you need to consider who you sell to and where?
No solicitation is allowed in the office. A DoD employee shall not knowingly solicit or make solicited sales to DoD personnel who are junior in rank, grade or positions (or their families) ON OR OFF duty.
Junior to senior: no rule, but discouraged.
100
Gunny's wife has a side business making custom birthday cakes. He takes orders for the cakes in the office, during business hours.
What did he do wrong?
Gunny engaged in solicitation in the office.
100
This was established in 1939 to protect Federal employees against political reprisals, severely limiting the political activities of these employees.
What is the Hatch Act?
200
The boss is retiring after 30 years of service. The office sets up a pool to buy a camera to present at his going away. What is the most the office can spend on the camera?
The monetary limit for a group gift for special infrequent occasions is $300.
Never cash - "appropriate to the occasion" MUST be voluntary! Cannot suggest more than $10 per person (but can offer to give more).
200
"MISADVENTURES IN FAMILY HIRING"
2 retired colonels were found to not have been ______ in their duties when engaging in family hires. Colonel 1 nicely asked Colonel 2 to authorize the hiring of Colonel 1's son as a contractor, which Colonel 2 did. Not to be outdone, Colonel 2 oversaw the hiring of his nephew and brother-in-law as contractors. Colonel 2 even tried to get his own son hired as a contractor, but Colonel 2's supervisor correctly thought this would be inappropriate. The Government found these colonels failed to be this.
What is impartial in their duties?
5 CFR Part 2645, Subpart D - Avoid appearance of loss of impartiality; get authorization to participate in a matter that is likely to affect financial interests of a member of your household.
200
If an IG employee is offered $1,000 to teach a course at a local school on the government inspector general process. If he does NOT discuss confidential information, can he accept? Does your answer change if he takes annual leave on the day he teaches?
No! Because the topic relates to official duties (IG work), he may not accept the compensation.
Note: This is a rule specific to teaching, speaking, writing. Government employees may have second jobs if they do not conflict with their official duties.
200
A former employer took several trips on the government's dime that were ostensibly related to his work for the Agency, but while on these trips, he had short meetings, then went off to do what he had really come to do: have interviews with potential employers. What did he do wrong?
He created an appearance of impropriety.
Regardless of whether or not these trips were set up for the purpose of conducting bona fide government business, the meetings during the trips gave the APPEARANCE that he was using his position for personal gain.
200
In July 2010, the Office of Special Counsel, the agency charged with enforcing the Hatch Act and its amendments, issued legal guidance on the application of the Hatch Act to Federal employees’ political activity on these, which applies equally to Facebook, Twitter, LinkedIn, etc.
What are social media web sites?
300
The voluntary contribution cap for this type of gift is $10.
What is the voluntary contribution cap for group gifts?
Special infrequent occasions of personal significance may solicit voluntary gifts up to $10/person; do not exceed $300.
300
"Chief Authority"
A military service Chief Master Sergeant used 3 non-commissioned officers under her supervision to move personal property in a government rental vehicle. The soldiers helped her for 3 hours.
She did this wrong. (Name at least 1.)
What is she engaged in improper use of government vehicles and abuse of authority.
Outcome: the Chief Master Sergeant was given a verbal warning.
300
Can you have an office Football Fantasy League where everyone puts in $1 to play, and the winner takes all?
No! No gambling allowed.
(Bragging rights are OK.)
300
When Special Agent Sue (GS-14) was pulled over by a police officer, she pulled out her license and also presented her credentials identifying herself as a Federal Agent. What did she do wrong?
She attempted to use her official position for personal gain.
SHE GOT DEMOTED...
The employee did not explicitly ask the police officer for any favors, but the agency concluded she had attempted to use her official position for personal gain, which is prohibited by the federal ethics rules.
300
This Federal agency investigates Hatch Act violations.
What is the Office of Special Counsel (OSC)?
400
These are examples of when a supervisor may accept a gift that is more than $10 from a subordinate.
What are a wedding, illness, birth of child or an occasion that terminates the superior or subordinate relationship.
SPECIAL INFREQUENT OCCASIONS
(Note: Not a birthday or promotion.)
400
12 Dec 2018, USA TODAY HEADLINE: "Pentagon Do-si-don't: Selling Girl Scout cookies in office earns general a demerit badge."
This GO engaged in ____ at the office.
Double points if you can name the Service.
What is SOLICITATION...by an Air Force Brigadier General.
No SOLICITATION at the office! It doesn't matter how yummy they are, or if your kid isn't going to get her cookie selling badge.
400
Mr. White, a GS-15 employee, has a grass cutting business. His colleague Sam, a GS-13 employee, hires Mr. White to cut his grass while he is on vacation. Is this ok?
Double points: Does it matter whether Sam hired him in the office or called him after hours?
No and No.
A DoD employee shall not knowingly solicit or make solicited sales to DoD personnel who are junior in rank, grade or positions, or to family members of such personnel, ON OR OFF duty. Junior to senior: no rule, but discouraged.
400
An employee on duty at a military installation spent a week asking individuals to donate items for a school event. If they said yes, she took them to the PX, pointed at what they should buy, then spent time preparing and wrapping the gifts.
Name something that she did wrong.
Double points if you can name 2 things.
The employee made gift solicitations, misused her official position, and misused government time.
400
Federal employees covered by the Hatch Act Reform Amendments must not engage in this while on duty, in any Government office, or in an official capacity.
What are political activities?
500
"Secret Santa" or "White Elephant" gifts should be limited to this monetary amount.
What is $10?
Rule: Gifts to supervisors are generally NOT allowed, except for infrequent special occasions.
Exception: hospitality/hostess gifts, occasional basis items <$10.
500
"General Discovers that Military Aides Are Not Supposed to Feed Cats."
An IG found a General engaged in misconduct when he used enlisted aides to help at unofficial functions at his headquarters, provide driving lessons to his child, and to feed a friend's cat.
Although the aids were initially paid with $40 Starbucks gift cards for their services, the General took full responsibility even though he retired and retroactively paid the aides $2,000.
This is the type of ethical misconduct he engaged in. (Name at least 2 of 3.)
What is (1) misusing government personnel, (2) improperly accepting gifts of services from subordinates, and
(3) misusing his position.
500
Your boss is getting married, and you think the office should chip in for a nice gift. You send out an email suggesting everyone donate $10 to buy the newlyweds a new grill. Barry Brown-nose brings you $25 to contribute. Is this ok?
Yes.
Solicitations for gifts to an official superior may not exceed $10 (although employees are free to give more than $10) and must be completely voluntary (given freely, without pressure or coercion). (5 C.F.R. § 3601.104(b))
Group gifts on special infrequent occasions are limited to $300 in value per donating group. (5 C.F.R. § 3601.104(a))
500
The sales person for a government contractor office supply company invites you to join him at a baseball game in the company's seats. The face value of the ticket is $45. You are smart; so, you know the the rule is that you can't accept a gift worth more than $20 on one occasion or $50 annually from the same source. Can you give him $25 to make up the difference?
No.
Employees may not pay any differential over $20 to retain gift(s) – No “buy down.” Applies to both $20 per occasion and $50 per calendar year limits.
500
Violation of the Hatch Act Hatch Act Reform Amendments may result in this, at a minimum.
What is suspension without pay for 30 days?
