2012 combined federal campaign training conference ethics and legal awareness linda siegle,...

2012 Combined Federal Campaign Training Conference2012 Combined Federal Campaign Training Conference

Ethics and Legal Awareness

Linda Siegle, Chesapeake Bay Area CFCNita Yates, Hawaii CFC

2012 Combined Federal Campaign Training Conference

2012 Combined Federal Campaign Training Conference

Myths and Legends

• All Campaigns are the Same• It is Better to Beg for Forgiveness Than to Ask

for Permission • Most Federal Agencies Interpret Things in a

Similar Fashion• If You Did It, Then I Can Do it Too!• Black and White Solutions• The Legal/Ethics ‘Silver Bullet’

2012 Combined Federal Campaign Training Conference

2012 Combined Federal Campaign Training Conference

Reality

• Legal/Ethics Responsibilities Permeate Your Entire Campiagn

• No two General Counsel and/or Ethics Officers ever interpret a regulation the same way

• Ethics/Legal Issues are Frustrating– Inconsistencies– Affects Morale and Creativity– No Hard and Fast Guidance– Often Time Consuming

2012 Combined Federal Campaign Training Conference

So, What’s a Campaign to Do?

• Be Aware• Be Flexible• Be Creative• Plan Ahead to Allow Legal/Ethics Research• Don’t Avoid/Ignore Legal/Ethics • Remember the Purpose of the Campaign

2012 Combined Federal Campaign Training Conference

Levels of Concerns• Campaign Level– Governance• LFCC Membership / Oversight• Campaign Committees

– Campaign Staff– Campaign-Wide Events and Activities

• Federal Agency Level– Campaign Committee / Oversight– Agency Events and Activities

2012 Combined Federal Campaign Training Conference

Regulations• 5 CFR 950• CFC Memoranda• DoD Directive 5035.1• Army Regulations (AR600-29)• Guidance from Specific Agencies – Ethics Officer– General Counsel

2012 Combined Federal Campaign Training Conference

Campaign Level• Governance and Oversight– Conflict of Interest– Avoid Coercion

• Campaign Budget and Expenses– Legitimate and Necessary Expenses– Return on Investment– How Would Donors View Use of Funds?

• Campaign Volunteers and Staff– Conflict of Interest– Solicitation of Businesses

2012 Combined Federal Campaign Training Conference

Application Review

• Federal Employees Must Perform Review– PCFO May Support Process

• Conflict of Interest• Fair, Consistent Treatment of ALL Applications– Standardize the Process– Train Review Committee Members

2012 Combined Federal Campaign Training Conference

Charity Speakers

• Be Consistent• Be Fair to All• Ensure Equal Opportunities• Provide Guidelines/Training to Speakers• Some Agencies Will Not Support– Concerned that it will appear as ‘endorsement’– Only allow if ALL charities are notified

2012 Combined Federal Campaign Training Conference

Sponsorships / In Kind Donations

• Federal Employees May Not Solicit• Use Standard Process for Request• Determine How You Will Acknowledge– Be Consistent– No Posting of Logos or Web Links

• Use of Funds / Items– Campaign Wide?– Equal Opportunity for Federal Agencies to Access

2012 Combined Federal Campaign Training Conference

Events / Activities

• Events and Activities Raise Awareness • Vary widely from Agency to Agency– Different cultures– Ensure appropriateness of event

• Equal Ability to Participate• “Raffles” versus “Drawings”• Approvals Well Ahead Help Avoid Stress / Issues• Some Agencies Authorize ‘Standard’ Events

2012 Combined Federal Campaign Training Conference

Giveaways/Recognition Gifts

• Should Be of ‘Nominal’ Value– What is nominal value?– Be aware of rules regarding the ability of federal

employees to accept gifts or meals• Look at Return on Investment (ROI)• Always Safe to Use ‘Internal’ Prizes– Executive Parking Space– Lunch with Boss

2012 Combined Federal Campaign Training Conference

Employees / Volunteers

• On the Clock?– During work hours?– On leave?

• On federal property?– Agency rules/policies apply– Safety, injury

• Off federal property?– What liability is there?

2012 Combined Federal Campaign Training Conference

The Bottom Line

• LEGAL – Know the rules, be informed• ETHICS – “Would you be comfortable if this

appeared on the front page of your local newspaper?”

• Ensure your staff and volunteers are aware of legal and ethics concerns

• Plan ahead and/or standardize • Be CONSISTENT• Common sense!