Ethics
DUAL COMPENSATION -- JUST SAY NO
Background
Recently, it was brought to our attention that a representative from
a non-Federal entity (a private business) attempted to solicit participation
of several ARS scientists to provide citations for a web site. Participation
required that scientists provide the representative with a vitae and a
bibliography of six sources on their subject matter specialties. The information
would then be published in a commercial web site, and the scientists were
advised that they would receive royalties in return. Such action would
effectively make the scientist an employee of the non-Federal entity.
The representative of the non-Federal entity was advised that REE employees
were prohibited from participating and asked to refrain from further solicitation
within REE. Unfortunately, this representative is back and active within
REE.
Possible Ethics Violations
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5
CFR 2635.702 - Use of Public Office for Private Gain, specifically
(c) - Endorsements - An employee shall not use or permit the
use of his Government position or title or any authority associated
with his public office to endorse any product, service or enterprise
. . .
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5
CFR 2635.807 - Teaching, speaking and writing - Employees
may engage in paid outside writing, speaking and teaching if
the topic of this outside activity is not an ongoing program.
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U.S.C. Sec. 209 - Supplementing one's salary - Employees cannot
receive outside payment that augments their Government salary for
doing that for which the Government already pays them.
Determination
This matter was previously submitted to Mr. John Surina, USDA Office
of Ethics, and much discussion was conducted between him and the representative
of the non- Federal entity. Because the non-Federal representative wants
REE participation based on knowledge as a result of Government employment,
the connection of their public office creates a problem with the Standards
of Ethical Conduct described above.
Warning
If you are asked to participate in a situation similar to the one described
above, please refuse to do so, and bring to the attention of your ethics
advisor as soon as possible. Participation in such a situation may be
hazardous to your ethics health. Be wary of other such opportunities
as they arise (and they will, especially over the internet) and always
contact your ethics advisor before agreeing to participate. We will continue
to encourage participation in legitimate discourse through established,
legal, and non-profit or Government organizations.
If contacted
If you have questions concerning this matter, please contact your Area
Ethics Advisor or the REE Ethics Office on 301-504-1442.
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