Maj Thomas R' Serrano

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(No Transcript)
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Post Government Employment Issues

• Maj Thomas R. Serrano

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Topics Well Cover

• Criminal and regulatory restrictions on
  post-government employment
• seeking employment / having discussions
• employment during PTDY and transition leave
• post-Government limitations on job duties
• Use of military title
• Termination SF 278

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Post-Government Employment Limitations

• Applicable to everyone in the federal government
  (military and civilian)
• Why have ethics rules regarding post government
  employment ?
• preserve public confidence in Government
  integrity
• prevent activity that conflicts with the
  interests of the United States
• The evolving revolving door...

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Criminal Statutes

• 18 US Code 208
• seeking employment
• switching sides
• 18 US Code 207
• representational restrictions vary (lifetime, 2
  year, 1 year
• senior and very senior employees
• 18 US Code 203
• limits compensation for lobbying or consulting
  activities while employed by Government

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Ethics Opinions

• Request opinion before taking action
• Extremely fact-specific
• different facts lead to different results
• Opinions are advisory and are only as good as the
  information you provide
• Department of Justice makes prosecutorial
  decisions, but ethics advisory opinions will
  usually control

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Pre-retirement considerations --
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Seeking Employment

• Realize the limitations placed on you regarding
  job searching
• Be proactive
• inform prospective employers of the date that
  you will start to seek employment
• Prepare and widely distribute disqualification
  letters
• list all potential employers

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The Seeking Employment Rule

• 18 US Code 208 - criminal statute
• 5 CFR 2635.604
• You cant do Government work
• on a particular matter
• that could affect the financial interests
• of a prospective employer
• when looking for employment

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For 18 US Code 208 purposes, involvement in
government work must be personal and substantial

• Deciding, approving, making recommendation,
  rendering advice, investigating.
• INCLUDES actions taken by subordinates when
  their actions are directed by you

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What is seeking employment ?

• Communications mutually conducted for the purpose
  of reaching an agreement regarding potential post
  Government employment
• Submitting a job application? (yes)
• Going to a job interview ? (yes)
• Submitting a resume ? (it depends)

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Remedies

• Disqualify yourself from any further involvement
  (template in notebook)
• Report employment offers involving potential
  contractors to Ethics Counselor
• Reject any employment offer, if made
• Note - rejection cant be delayed
• (e.g., call me in 6 months)

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Procurement Integrity Act Notification
Requirement

• If contract involves 100,000
• Employment offers must be reported whether
  initiated by you or the potential contractor
• Includes contractors with pending option years or
  performance awards
• Avoid the appearance of any impropriety
• Err on the cautious side

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Interview / Travel Expenses

• Can you accept meals, lodging and transportation
  from a prospective employer ?
• Yes, if it is their customary practice to pay
  such expenses for similarly situated potential
  employees

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Use of Government Property

• Government computers and e-mail may be used in
  job search
• On your personal time
• with no adverse effect on DoD
• BUT, a subordinates time may not be used to help
  your job search
• 5 CFR 2635.705 (Standards of Ethical Conduct for
  the Employees of the Executive Branch)

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Transition PTDY

• Authorization, NOT an entitlement
• May be disapproved if unit mission dictates a
  soldier must be present to perform critical tasks
• AR 600-8-10, para 5-35(d) (NEW, 31 July 2003)
• Increments of 10 days plus 10 days
• You may not work during PTDY
• Transition PTDY may be used for
• house hunting (only if relocating) or
• job hunting

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Transition Leave

• During transition leave work is permitted
• so long as there is no conflict of interest
• 18 US Code 208 analysis
• treated as off-duty employment
• Obtain supervisory approval before you begin work

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After retirement
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18 US Code 207 Representation Ban

• Does not impose restrictions on behind the
  scenes advice, that is, you can give advice and
  help prepare proposals
• BUT, be careful about contacts
• purely social matters or informational requests
  are OK
• Attending meetings can lead to problems

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18 US Code 207(a)(1)

• Lifetime Ban
• SIMPLIFIED RULE After you leave Government
  service, you may not represent someone else to
  the Government regarding particular matters that
  you worked on while in Government service.

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18 US Code 207(a)(2)

• Official responsibility - 2 year ban
• SIMPLIFIED RULE For 2 years after leaving
  Government service, you may not represent someone
  else to the Government regarding particular
  matters that you did not work on yourself, but
  were pending under your responsibility during
  your last year of Government service.

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18 US Code 207(b)

• Trade or Treaty - 1 Year ban
• SIMPLIFIED RULE For 1 year after leaving
  Government service, you may not aid, advise, or
  represent someone else regarding trade or treaty
  negotiations that you worked on during your last
  year of Government service.

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18 US Code 207(c)

• Senior employees - 1 year ban
• SIMPLIFIED RULE For 1 year after leaving
  Government service, senior employees may not
  represent anyone before their agency for anything

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18 US Code 207(c)

• DoD has 9 component agencies -- the restriction
  doesnt apply to other components
• Air Force
• Army
• Navy
• Defense Information Systems Agency
• Defense Intelligence Agency
• Defense Logistics Agency
• National Geospatial-Intelligence Agency (formerly
  the National Imagery and Mapping Agency)
• Defense Threat Reduction Agency
• National Security Agency
• National Reconnaissance Office

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18 US Code 203

• No compensation for representational services,
  which were provided by anyone while you were a
  Government employee, before a Federal agency or
  court regarding particular matters in which the
  Government was a party or had a substantial
  interest.
• Examples
• lobbyists, consulting companies,law firms

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Dont work for a foreign government . . .

• Unless you obtain prior permission of the
  Department of the Army (Sec Army) and Department
  of State
• JER 9-701
• Penalty - Loss of retired pay
• Beware of companies controlled by foreign
  governments
• Case of Major Stephen M. Harnett (1990)

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Use of Military Title

• AR 25-50, paragraph 6-6
• Must clearly reflect retired status
• Must not be interpreted as official sponsorship
  or recommendation from the DoD or the Army
• Must not bring discredit upon the DoD or the Army

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Termination SF 278

• File within 30 days after retirement
• You cant file an SF 278 until the date of your
  official retirement
• Exiting current position is not the triggering
  event
• Potential 200 fine for late filing
• Download form from Office of Government Ethics
  website http//www.usoge.gov/pages/for
  ms_pubs_otherdocs/forms_pubs_other_pg3.html

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Questions?