STANDARDS OF CONDUCT DS First Mi Last 2

STANDARDS OF CONDUCT DS (First Mi. Last) 2

Motivator u As soldiers, you are guardians of the public trust. Your loyalty to bear true faith and allegiance is to the Constitution of the United States of America, as well as to the Army, your unit, and other soldiers. You must obey the laws of the land adhere to the highest standards of ethical conduct. 3

Lead-in u Public service is a public trust. This means that as public employees, you must place loyalty to the Constitution, the laws, and ethical principles above any desire for private gain. You must perform your job and act in such a way as to convince the public at large that you are working towards the public good and not your own good. As military members, you are federal employees, subject to the standards of conduct rules applicable to all federal employees. Army personnel must comply with the standards of conduct rules implemented in the Department of Defense Joint Ethics Regulation (JER), a regulation that applies to all the services. 4

Gifts from outside sources u Army personnel may not solicit a gift or accept a gift from an outside source if the gift is (1) from a “prohibited source” or (2) given because of your official position with the Army. This standard makes it clear the rules regarding gifts are very different for Army personnel than they are for civilians in the US business world. Giving gifts to customers is a common practice in the business world; it is, however, generally prohibited for an Army employee to accept a job-related gift. It is also important to know that gifts given to your parent, spouse, or child are considered gifts under these rules. 5

Gifts from outside sources u u The rules define a gift as anything having value, so a gift can be just about anything. A “prohibited source” is any person, business, or organization that does business with the Army who can gain or lose by actions you take on the job. This also can be someone who seeks to do business with the Army or seeks some official action by the Army, such as a government contractor. 6

When May You Accept Gifts From Outside Sources u The biggest exception is the “donut rule. ” This allows employees to accept small amounts of food or refreshment from an outside source. For example, if you are representing the Army by participating in a community parade and a company that does business with the Army provides refreshments afterwards, you may accept it because it is offered to everyone who participated and it is of little value. 7

When May You Accept Gifts From Outside Sources u You also may accept greeting cards, plaques, or a favorable discount if it is offered to the public or to all members of the Department of Defense. The rules allow an employee to accept any gift which is worth less than $20 (such as a mug or a paperweight), and you may accept several gifts worth less than $20 in a year from the same source as long as the total of all the gifts is not more than $50. Additionally, you may accept a gift if it is given to you because of a personal relationship with the giver. You may always pay market value for a gift. 8

When May You Accept Gifts From Outside Sources u Gifts from foreign governments or their representatives are governed by special rules. Army personnel may accept a gift from a representative of a foreign government if the gift is of “minimal value. ” Minimal value changes every three years, so personnel should consult their SJA. Gifts over minimal value must be shipped or reported to DA, PERSCOM. 9

Gifts Between Employees u u The first category is gifts given on holidays and birthdays. These gifts may not exceed $10. The second category of gifts is gifts between employees given when the senior/subordinate relationship ends, such as retirement, transfer, or a permanent change of station. Gifts on these ocasions generally may not be more than $300 per donating group. The same person may not be a member of (i. e. donate to) more than one donating group. 10

Gifts Between Employees u Soldiers may not be required or pressured to donate money to buy a gift for a superior who, for example, is sick, being reassigned, or retiring. However, it is OK for someone to ask you to make a small contribution, such as $10, for a gift to a departing superior, as long as it is made clear you are free to contribute less or nothing at all. It is also OK for someone to distribute an announcement of a party for a superior who is leaving and include a small amount for a departure gift in the fee for the party. 11

Gifts Between Employees u A superior never may solicit a subordinate for the superior’s own gift. Also, it is never appropriate to coerce, force, intimidate, or otherwise improperly pressure a subordinate into giving a gift to a superior. Remember, when soliciting a subordinate to contribute to another superior’s gift, a superior may not ask for more than $10. Soldiers always should know their donation is strictly voluntary. 12

Gifts Between Employees u Also, you as a soldier may not be forced to collect money for a gift. The collection is a totally voluntary, unofficial undertaking. 13

Gifts From Official Travel u Often when Army personnel fly on official business, employees will register their travel with their airline’s frequent flyer program. Any frequent flyer benefits or miles gained from official travel are government property. An example of official travel would include you leaving basic training and going to another military installation at the government’s expense. Personal use of those miles is a crime. 14

Gifts From Official Travel u If your government travel includes personal travels— such as during leave or pass—the miles attributable to the personal travel are considered your property. You are required, however, to keep strict records of which miles are personal and which are official. If you choose not to keep a record, all the miles belong to the government. 15

Gifts From Official Travel u Once the miles are turned in to the government, soldiers may use government frequent flyer miles only for two purposes: to offset the cost of future official travel and to upgrade to premium class on an official flight 16

Gifts From Official Travel u u As a soldier, you may accept an upgrade at no cost to the government if the upgrade is not offered because of your official position. The free upgrade may even be to first class, unless you are in uniform. Soldiers may never fly first-class in uniform. 17

Gifts From Official Travel u Army personnel also often receive benefits during official travel when a flight is full and passengers are being “bumped” from the flight. u Often, airlines offer free tickets to persons who are bumped from a flight. If you are bumped involuntarily, then the free ticket is government property. u If, however, you volunteer to be bumped, then the free ticket is your personal property. This can occur only if you have the leeway during travel to delay the travel, and the time spent in a delayed status is considered leave or pass time. 18

Gifts From Official Travel u Army employees may not misuse their military position for private gain. As a soldier, you must be familiar with the conflict of interest provisions of the JER. Although you may not be faced with a conflict of interest in the near future, understanding conflict of interestrictions will prepare you to do the right thing if you ever are faced with one of these situations. 19

Conflict of Interest u Generally, a conflict of interest is a situation where an employee is acting in an official matter but the employee somehow is going to be affected personally by his or her official action. u The prime example involves a conflicting financial interest—where an employee who holds stock in a corporation is participating in an Army contract action with that same company. u An example of a non-financial conflict of interest is when an Army employee, who is a manager in a local private organization, takes some official action regarding that organization, such as approving a request for use of a government building for a meeting. 20

Conflict of Interest u Each case involves an improper conflict of interest because the employee’s personal interest is going to be affected by the employee’s official action. The conflict of interest rules also state that the financial interests of an employee’s spouse, including the spouse’s employer, are considered to be the employee’s financial interests. 21

Conflict of Interest u It is also illegal and a conflict with an employee’s official duties for an employee to receive compensation, other than the employee’s government pay, for the performance of official duties. Additionally, employees may not receive compensation for teaching, speaking, and writing which relates to the employee’s official duties. 22

Solicitation Prohibitions u These prohibitions do not apply, however, to nonbusiness sales of personal property or real property (a home or land) or to sales that occur off-duty in an established retail business. For example, your supervisor may sell his or her house to you without violation of the ethics rules. 23

Solicitation Prohibitions u These rules would prohibit a squad leader or supervisor who sells a product or service in his/her off-duty time from soliciting a subordinate to purchase the product or service. For example, if your supervisor works for a mass marketing organization, he or she may not approach you on or off duty to buy any of the company products. Doing this would violate the Army core values of selfless service, loyalty, integrity, duty and honor. However, the rules would not prohibit the squad leader or supervisor who works at a local eating establishment from selling a meal to the subordinate. 24

Employment Prohibitions u Army employees may not engage in any outside employment that conflicts with the performance of their official duties. For example, you may not work a 12 -hour day with the Army and work another 8 hours on a part-time job. This could hinder you from performing up to standards on your military job and, depending on your MOS, may cause grave danger to the mission. Any outside employment must be approved by your immediate supervisor. 25

Employment Prohibitions u u Additionally, ethics rules prohibit Army employees from acting in an official matter if that matter involves a company that the employee is seeking to work for. Finally, Army personnel who work in the contracting field have very specific limitations on post-government employment. Post-government employment matters should be referred to the Staff Judge Advocate (SJA) for resolution. 26

Prohibited Use of Government Resources u u An example is a local card and flower fund, a local soldier’s organization, or just about any organization with the word “Association” in it. These prohibitions are consistent with the principle that public service is a public trust. The rules regarding use of property also stem from the basic rule that federal employees must “protect and conserve Federal property and shall not use it for other than authorized purposes. ” Consistent with this rule is the principle that federal employees “shall disclose waste, fraud, abuse, and corruption” they are aware of. Violating the Joint Ethics Regulation and rules not only makes your personal integrity suspect, but is also illegal. 27

Prohibited Use of Government Resources u These prohibitions do not apply only to support for nonfederal entities but also to improper use for personal purposes. It may be just as improper to use a copier or government telephone for your own personal use as it would be to use a copier or government telephone for the business of a private organization you belong to or want to support. 28

Prohibited Use of Government Resources u Government property and personnel should be used only for government purposes. For example, it would be wrong for you to type a personal letter on a Government computer or take pens and paper bought by the Army for your personal use. It also would be wrong to use a government telephone to make a personal long-distance call, unless you use your calling card to pay for it. 29

Prohibited Use of Government Resources u In addition to using government property only for official purposes, Army employees may not use official, nonpublic government information for their own personal purposes. This means you may not use nonpublic information, classified or not, for your personal financial gain or any personal gain. 30

Prohibited Use of Government Resources u Also, the Privacy Act, which carries criminal penalties, prohibits the dissemination of someone else’s personal information, such as their social security number, address, or home phone number, without his or her permission or unless authorized by the Privacy Act. 31

Authorized Use of Government Resources u Generally, the use may not be adverse to the Army’s interests, such as accessing internet pornography on a government computer system. Incidentally, the ethics rules state that by using government computers and telephones for personal, authorized purposes, individuals consent to government monitoring of those systems, including internet sites accessed and information downloaded. 32

Authorized Use of Government Resources u Personal, authorized use may not be at any additional cost to the government. In the absence of a command policy regarding personal use, a commissioned officer that is a supervisor (or a GS-11 civilian employee supervisor) may approve the personal use of government resources for a subordinate. For instance, you may be authorized to use the computer to complete homework or use the internet to conduct research for off-post courses; however, this must first be approved. In addition, this use must not interfere with your military obligation. 33

Proper Use of Government Time u Standards of Conduct rules also address the proper use of government time--both an employee’s own time and that of the employee’s subordinates. For example, a supervisor may not require subordinates to help paint his or her house during duty hours or give them time off from work for compensation. Again, official time should be spent on official government business. Army personnel “shall put forth an honest effort in the performance of their duties. ” Supervisors also have a duty to safeguard their subordinates’ time. An Army employee may not direct, coerce, or otherwise force a subordinate to use official time for unofficial or unauthorized activities. This is a criminal prohibition 34

Official Support u Army personnel in their official capacities may not endorse a non-federal entity or its fundraising activities. There a few exceptions, however, including endorsement of the Combined Federal Campaign (CFC) and the Army Emergency Relief (AER). Army personnel may endorse these organizations and their fundraising efforts but may never coerce or direct a subordinate to give to the organizations. 35

Official Support u Commanders may provide information to service members through official channels about private organizations that may be beneficial to soldiers and their families. It is important to remember, however, that the Army may never selectively benefit one organization over another that is similarly situated. If support is provided to one group, it should be provided to another similar group. Also, official support may never detract from readiness. 36

Official Support u As a soldier, it is improper for anyone to require or pressure you to join the enlisted club or any private organization. However, it is OK for someone, even a superior, to tell you about the benefits of joining a club or private organization, as long as he or she makes it clear that you are free to join or not join as you desire, and that you will not be punished if you choose not to join. 37

Personal Relationship/Support u Army personnel have a “personal” capacity and an “official” capacity. Personnel act in their official capacity when they perform acts in the performance of their official duties. Even if not actually performing official duties, personnel could appear to be acting in their official capacity, such as when wearing the uniform. It is important to distinguish personal and official capacities when engaging in activities related to private organizations. 38

Personal Relationship/Support u u Army personnel may join, manage, or otherwise participate in private organizations as long as it does not conflict with the performance of official duties. For example, a soldier who is a president of a local organization may not act on a request from that organization to use a unit day room. A conflict of interest exists between the soldier’s personal activities and official duties. Soldiers may endorse a private organization in their personal capacity. The rules allow soldiers to use their rank and service (SFC John Smith, US Army) in an endorsement, but not the soldier’s official title. 39

Personal Support u Army personnel may assist voluntarily and participate in private organizations, including the fundraising efforts of private organizations. Fundraising must be voluntary and unofficial. Soldiers may not use their official title or represent the Army while fundraising. Fundraising usually does not occur in uniform. Fundraising may not occur on the Army installation without permission of the installation commander, usually through the Director of Personnel and Community Activities. Some fundraising, such as raffles and bingo, may be strictly regulated. Remember, when in doubt, always check with your supervisor or the ethics counselor. 40

Prohibited Gambling u Gambling in the military is, in most cases, a criminal activity. Criminal laws prohibit gambling on any federal property, whether it is leased or owned by the federal government. It is also a crime to gamble with a subordinate, whether or not it is on federal property. 41

Prohibited Gambling u u The rules allow limited private wagers among friends in quarters if the local state law allows such wagers. These private wagers may never be with a subordinate. Limited gambling may be allowed at installation clubs, for example, when a “Monte Carlo Night” or a “Casino Night” is approved by the command. 42

SCENARIO #1: TIME TO GIVE u Your supervisor called a shop meeting and informed everyone that he thought it would be a good idea if the shop got together to give a gift for the commander’s retirement. He also informed the shop personnel that he already had selected the gift, which cost $350, and that each person was required to give $15 to cover the cost. 43

SCENARIO #2: The Pushy Salesman u You and a friend of yours from BCT are going through AIT together. You know from conversations during BCT that Gary is a real hustler when it comes to making money on the side. He was always talking about different ways he had made money in the past. Some sounded neat; others were a little more suspect. 44

SCENARIO #2: The Pushy Salesman u One day during lunch, Gary told you about his latest moneymaking project. He told you that your squad leader had heard about his gift of money and asked if he'd like to make some extra money selling long-distance service at a discount. Gary told you that he has already signed up half the platoon on behalf on the squad leader and wants to cut you in on the action. He said all you have to do is sell the plan to the soldiers in the other platoons and you'd get a cut of their long-distance spending. You think this sounds like a good idea, especially since it will save soldiers a lot of money on their calls home. However, you're not sure whether you can sell products to your fellow soldiers. 45