ETHICS DO’S AND
DON’TS WHEN ESTABLISHING PARTNERSHIPS WITH PRIVATE ORGANIZATIONS
(The following examples are not intended
to be an exhaustive list. Each Bureau
may have additional guidance or policy. If
an ethics issue or question arises when developing a partnership or working
within a partnership, the employee should contact their local Assistant
Ethics Counselor.)
THINGS TO DO When Establishing
Private Sector Partnerships
|
THINGS TO DO |
REASON |
|
DO have a written partnership
agreement. Set forth objectives of the partnership,
expected benefits to the Department’s programs, policy on endorsements and
advertising and the responsibilities of each partner. |
Partnerships
are fluid. An agreement puts down on paper the
expectations of the partnership and each partner’s contributions. Having a written agreement also gives documentation of
the effort of the employee that is dedicating time and resources to managing
and nurturing the partnership. A partnership
agreement can be a useful tool for gauging changes in the relationship over
time – how far have the results of the current partnership changed from the
original intent? |
|
DO have employees who are officers
in partner organizations recuse (disqualify)
themselves from any involvement as a federal employee in particular matters
in which that partner organization has a financial interest. |
18 U.S.C.
208 requires employees to refrain from working on particular matters when the
employee is serving as an officer in a private organization when that
organization has a financial interest in the particular matters. The term organization includes academic, non-profit, tax
exempt as well as profit making organizations. Officer
means President, Vice-President, Secretary, Treasurer, Trustee, Director,
Ex-Officio officers or directors and any other position with a fiduciary duty
to the organization. |
|
EXAMPLE: An employee
who is an officer in a private society that wishes to swap land with the
Federal Government, may not work on the land swap issue in his or her Federal
employment capacity at a time when he or she is an officer in the outside
organization that has a financial interest in the matter. |
|
|
DO authorize official time for
employees to work on the joint effort for which the partnership was
established. |
18 U.S.C.
205 – Federal employees may not represent anyone other than the |
|
EXAMPLE: This law prohibits a federal
employee who is on his or her own time from representing a non-profit,
tax-exempt organization before any Federal agency in an attempt to influence
the employees of that agency on some issue pending before them. It makes no difference what position is taken. However, if the employee was working under an approved
partnership agreement as a part of his or her duties, he or she would be
representing the |
|
|
DO create mutually beneficial
partnerships with others whose missions may vary from ours, as long as they
are not in conflict with our land and service ethics or civil rights
policies. |
Sec. 307
(a) [43 U.S.C. 1737] FLPMA states “The Secretary may conduct investigations,
studies, and experiments, on his own initiative or in cooperation with
others, involving the management, protection, development, acquisition, and
conveying of the public lands.” Sec. 307 (b) [43
U.S.C. 1737] FLPMA states “Subject to the provisions of applicable law, the
Secretary may enter into contracts and cooperative agreements involving the
management, protection, development, and sale of public lands.” (BLM example) |
|
EXAMPLE: We can create a cooperative
agreement with an automobile manufacturer, grocery store chain, or elementary
school that does business with the agency in a way that does not conflict
with our ethics. |
|
|
DO talk to representatives of
organizations about sharing resources, including money, where we are likely
to consummate an appropriate cost-sharing agreement. |
Sec. 307
(c) [43 U.S.C. 1737 (c)] FLPMA “Authorizes the Secretary to accept
contributions or donations of money, services, and property for the
management, protection, development, acquisition, and conveying of public
lands.” (BLM example) |
|
DO allow employees to assist a
community partner in writing a grant proposal to a DOI bureau, as long as
that employee is not part of the grant review or decision process. |
When official
time is granted to you for service in a private sector organization the
primary beneficiary must be the programs and operations of the Department. |
THINGS NOT TO DO When Establishing Private Sector Partnerships
|
THINGS NOT TO DO |
REASON |
|
DON’T endorse the products or services
of the partner organization in your official capacity. |
5 CFR
2635 – Federal employees may not endorse the products or services of private
organizations nor may private organizations use appropriated funds to
advertise. Such activities may result in the misuse
of public office for private gain. The provision on
private gain refers to anyone’s private gain NOT just the Federal employee’s
private gain. |
|
EXAMPLE: Interior employees may, however,
provide endorsement or support for charitable and other fundraising
activities administered by the Office of Personnel Management (OPM) under its
delegation from the President; and to those other programs authorized by the
Secretary of the Interior. You may endorse any
outside program in your private capacity, however,
your endorsement may not make reference to your official title or position
within the Department. |
|
|
DON’T
solicit funds or donations for your programs from partner organizations
without specific statutory authority to solicit and to accept donations and
gifts. |
Congress
has authorized some of the Department’s component agencies - - such as the
National Park Service (NPS), The Fish and Wildlife Service (USFWS), the
Bureau of Indian Affairs (BIA), and the Bureau of Land Management (BLM) - -
to accept donations, either to further the mission of the agency generally or
for more limited purposes. Congress has not
expressly provided these agencies with the authority to solicit gifts. Absent such additional authority, the agencies’ role with
respect to donations is generally restricted to educating the public about
the existence of the gift acceptance authority and the specific gift needs of
the bureau. (DOI Donation Activity Guidelines, 1996) |
|
EXAMPLE: The most highly visible
charitable organization sanctioned by OPM is the Combined Federal Campaign. You may engage in fundraising activities as a private
citizen, provided you do not use your official title or position to further
the fundraising event. |
|
|
DON’T create an organization to do what
your own agency cannot do and then enter into a partnership with it. |
Under 31
U.S.C. 9102, an agency may establish or acquire a corporation to act as an
agency only by or under a law of the |
|
DON’T accept any compensation other
than your federal salary for official duty services you provide to partner
organizations unless that compensation is from a Federal agency. |
18 U.S.C.
209 is a criminal statute that prohibits dual compensation for services
provided by Federal employees. In other words, only
the |
|
EXAMPLE: Employees may accept meals and
unsolicited gifts have an aggregate market value of $20 or less per occasion,
provided that the aggregate market value of individual gifts received from
any one person under the authority of 5 CFR 2635.204 does not exceed $50 in a
calendar year. |
|
|
DON’T use appropriated money to pay for
lobbying activities to be performed by a partner. |
18 U.S.C.
1913. This criminal statute prohibits the use of
appropriated funds to lobby Congress except through established official
Federal agency channels and the procedures sanctioned by the Office of
Management and Budget. |
|
DON’T control or assume any measure of
practical responsibility for the fund raising activities of private
individuals or organizations that are partners. |
Executive
Order 12674, which does not carry criminal penalties, prohibits employees
from fund raising by provisions that prohibit any actions that result in or
create the appearance of: Using public office for private gain (meaning anyone’s
private gain), or losing independence or impartiality or affecting adversely
the confidence of the public in the integrity of the Government. |
|
DON’T partner on a project that is in
conflict with our stated ethics or civil rights policies. |
|
|
EXAMPLE: We cannot partner on a project
with a party that is likely to result in long-term soil erosion or water
quality degradation. |
|
|
DON’T partner on a project that might
jeopardize the conservation of a threatened species on adjacent private
lands. |
We cannot
partner with anyone whose stated policy or mission is contrary to our ethics. |
|
DON’T partner on a project with an
entity that discriminates based on race, color, national origin, sex,
religion, age, disability, political beliefs, or marital or familial status. |
We cannot
partner with anyone whose stated policy or mission is contrary to our ethics. |
|
DON’T give preferential treatment to
any private organization or individual. |
Executive
Order 12674, as modified by Executive Order 12731 outlines the principles of
ethical conduct. |
For more information go to www.doi.gov/ethics.