the advocate issue 4 vol 1

8
FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor With the holidays at hand we tend to get wrapped up with all the activities that surround the season; enjoying the com- pany of family and friends, and sometimes forgetting that not everyone gets to do the same. On two occa- sions I’ve had to spend Christmas away from home, because of military obliga- tions. I know that under the circumstances my family, as well as colleagues and friends had me present in their hearts and minds. However, there is some- thing that soldiers away from home during the holi- days always truly appreci- ate, and that’s an email greeting, a postcard, letter, or if possible a phone call. In my experience, when those days of Christmas were closing in, between the cold of Washington State on our way to Guan- tanamo; or in the Azores going to the Persian Gulf. The incertitude of what we were about to live was always appeased with some sort of communica- tion from home. I want to take advantage of this opportunity to exhort those commanders, col- leagues and friends of soldiers who at this mo- ment are deployed in some part of the world, to take a moment and send them a message of hope and peace; to remind them they can count on us, no matter the dis- tance, and that their fami- lies can also have the se- curity of our support. This gesture is always appreci- ated and valued. Lastly and not so less important; 2011 is almost at an end and we at the OSJA are very proud of the accomplishments made as a team. Client service numbers continue to grow and we strive to keep im- proving our performance. We want to wish you and your loved ones a Merry Christmas and a Happy New Year, and of course, plenty of health to enjoy it. And to our soldiers on faraway lands, stay strong, stay safe and we can’t wait, to have you back home! Volume I, Issue 4 Inside this issue: Legal Resources, Know Your Rights: The Puerto Rico “Safe Home” Law 2 FACEBOOK Settles FTC Charges 3 Talking About… Adoption in Puerto Rico 4 Ethics Matters: The Principles of Ethical Conduct 6 Link it Up! 7 At the Movies: A Civil Action 8 From the JAG Bookshelf: The Good Soldiers 8 What’s New on Our Facebook Page. 8 “We want to wish you and your loved ones a Merry Christmas and a Happy New Year, and of course, plenty of health to enjoy it.” events combining all of our paralegals distributed among the various units of our organization and the OSJA. Our office has been proven to be an asset to our Regular Army brethren by participating in missions in which our unique language skills come into play. Our JAGC members in the PRARNG need to be ready to par- ticipate in such opportuni- ties. Finally, I want to thank everyone for the positive feedback and emphasize once more, the impor- tance of this Newsletter as a tool for all to use. I want to wish all a Happy Holiday season. If your home with family and loved ones, or if you’re deployed somewhere around the world, we want you to be safe and have a Merry Christmas. Chiefs of Staff. As a mem- ber of the JCS, the CNGB, will have the specific re- sponsibility of addressing matters involving the non- Federalized NG Forces in support of homeland de- fense and civil support missions. This legislation also mandates that both Army and Air NG officers be considered for appoint- ment in the positions of Commander, Army North Command and Com- mander, Air Force North Command. In the midst of all these changes, we must main- tain our forces ready to fulfill both our Federal and State missions. In the case of our legal and para- legal professionals we must maintain our core competencies and prac- tice our chosen Military Occupational Skills. Al- ready, we have in the works various training Another year is almost over. 2011 was a year full of challenges and opportu- nities for us. During this past year, our office launched its Facebook page and our Newsletter, The Advocate. This initia- tive allowed us to enhance our capabilities in order to achieve our objective to provide the most up to date information, to our soldiers regarding legal issues. 2012 promises to be an even more challenging year. Right now the Presi- dent has before his consid- eration the National De- fense Authorization Act for FY 2012. This bill contains various clauses which en- hance the role of the NG in the defense of our nation. The most significant change introduced is the designation of the Chief of the National Guard Bureau as a member of the Joint FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque “In the midst of all these changes, we must maintain our forces ready to fulfill both our Federal and State missions. In the case of our legal and paralegal professionals we must maintain our core competencies and practice our chosen Military Occupational Skills.” December 2011

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Our PRNG JAG Office continues to provide us with beneficial legal information, tips and advice...all found in the attached holiday edition of "The Advocate." As you open it up, you\'ll learn about the importance of ethics, the new PR "Safe Home" Law, latest adoption information, and much more!

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Page 1: The Advocate Issue 4 Vol 1

FROM THE FULLTIME JAG’S DESK - MAJ William E. O’Connor

With the holidays at

hand we tend to get

wrapped up with all the

activities that surround the

season; enjoying the com-

pany of family and friends,

and sometimes forgetting

that not everyone gets to do

the same. On two occa-

sions I’ve had to spend

Christmas away from home,

because of military obliga-

tions. I know that under the

circumstances my family,

as well as colleagues and

friends had me present in

their hearts and minds.

However, there is some-

thing that soldiers away

from home during the holi-

days always truly appreci-

ate, and that’s an email

greeting, a postcard, letter,

or if possible a phone call.

In my experience, when

those days of Christmas

were closing in, between

the cold of Washington

State on our way to Guan-

tanamo; or in the Azores

going to the Persian Gulf.

The incertitude of what we

were about to live was

always appeased with

some sort of communica-

tion from home. I want to

take advantage of this

opportunity to exhort

those commanders, col-

leagues and friends of

soldiers who at this mo-

ment are deployed in

some part of the world, to

take a moment and send

them a message of hope

and peace; to remind

them they can count on

us, no matter the dis-

tance, and that their fami-

lies can also have the se-

curity of our support. This

gesture is always appreci-

ated and valued.

Lastly and not so less

important; 2011 is almost

at an end and we at the

OSJA are very proud of the

accomplishments made as

a team. Client service

numbers continue to grow

and we strive to keep im-

proving our performance.

We want to wish you and

your loved ones a Merry

Christmas and a Happy

New Year, and of course,

plenty of health to enjoy it.

And to our soldiers on

faraway lands, stay strong,

stay safe and we can’t

wait, to have you back

home!

Volume I, Issue 4

Inside this issue:

Legal Resources, Know

Your Rights:

The Puerto Rico

“Safe Home” Law

2

FACEBOOK

Settles FTC Charges

3

Talking About…

Adoption in Puerto Rico

4

Ethics Matters:

The Principles

of Ethical Conduct

6

Link it Up! 7

At the Movies:

A Civil Action

8

From the JAG Bookshelf:

The Good Soldiers

8

What’s New on Our

Facebook Page.

8

“We want to wish

you and your

loved ones a

Merry Christmas

and a Happy New

Year, and of

course, plenty of

health to enjoy it.”

events combining all of

our paralegals distributed

among the various units

of our organization and

the OSJA. Our office has

been proven to be an

asset to our Regular Army

brethren by participating

in missions in which our

unique language skills

come into play. Our JAGC

members in the PRARNG

need to be ready to par-

ticipate in such opportuni-

ties.

Finally, I want to thank

everyone for the positive

feedback and emphasize

once more, the impor-

tance of this Newsletter

as a tool for all to use. I

want to wish all a Happy

Holiday season. If your

home with family and

loved ones, or if you’re

deployed somewhere

around the world, we

want you to be safe and

have a Merry Christmas.

Chiefs of Staff. As a mem-

ber of the JCS, the CNGB,

will have the specific re-

sponsibility of addressing

matters involving the non-

Federalized NG Forces in

support of homeland de-

fense and civil support

missions. This legislation

also mandates that both

Army and Air NG officers

be considered for appoint-

ment in the positions of

Commander, Army North

Command and Com-

mander, Air Force North

Command.

In the midst of all these

changes, we must main-

tain our forces ready to

fulfill both our Federal and

State missions. In the

case of our legal and para-

legal professionals we

must maintain our core

competencies and prac-

tice our chosen Military

Occupational Skills. Al-

ready, we have in the

works various training

Another year is almost

over. 2011 was a year full

of challenges and opportu-

nities for us. During this

past year, our office

launched its Facebook

page and our Newsletter,

The Advocate. This initia-

tive allowed us to enhance

our capabilities in order to

achieve our objective to

provide the most up to date

information, to our soldiers

regarding legal issues.

2012 promises to be an

even more challenging

year. Right now the Presi-

dent has before his consid-

eration the National De-

fense Authorization Act for

FY 2012. This bill contains

various clauses which en-

hance the role of the NG in

the defense of our nation.

The most significant

change introduced is the

designation of the Chief of

the National Guard Bureau

as a member of the Joint

FROM THE CHIEF LEGAL NCO’S DESK - SFC Frank Chiroque

“In the midst of

all these changes,

we must maintain

our forces ready to

fulfill both our

Federal and State

missions.

In the case of our

legal and

paralegal

professionals we

must maintain our

core competencies

and practice our

chosen Military

Occupational

Skills.”

December 2011

Page 2: The Advocate Issue 4 Vol 1

Are you a homeowner in

Puerto Rico? Do you plan to be-

come a homeowner in Puerto

Rico? Have you ever worried

about losing your home to credi-

tors because of debt, or to some-

one because of an adverse law-

suit? Do you want to protect your

home against future creditor

claims and/or adverse lawsuits?

If you answered yes to any of

these questions, I have good

news.

New legislation has been signed

into law by the Governor of Puerto

Rico, which gives homeowners

several protections against credi-

tors. You can protect your main

asset… your home, from creditors;

making your home virtually safe

from embargo. You can do this by

simply contacting a notary public

in Puerto Rico, to draw up a no-

tary act requesting the protection

of your home against embargo

and have it presented at your

local Property Registry. Be ad-

Background

Since 1936, in Puerto

Rico there has been a

basic protection of

$500 before the risk of

an execution of sen-

tence against the resi-

dence of a debtor. In

1952 the Puerto Rico

Constitution stated that

the laws would deter-

mine a minimum of

property and belong-

ings not subject to em-

bargo. In 2003 the

home protection was

increased to $15,000

which was then in-

creased to 100%

through Law 195 of 13

December 2011.

vised though, that this protection

will apply to only one property, and

if you try applying it to more than

one property at the same time, you

would be committing a felony that

can result in your prosecution.

Law No. 195 of 2011, states that

you can protect your primary family

home against creditors, regardless

if you live in a $3 million mansion

or in a humble $30 thousand

home. However, the family home

protection against embargos will

not protect you (your home) if the

government or your creditors sue

you because:

1. You defaulted on your mort-

gage.

2. Owe State or Federal Taxes.

3. Owe money to the contractor

(Builder) of your home (includes

home repairs)

4. In cases where the Federal

Bankruptcy Code states otherwise.

5. In mortgages, loans, debts,

contracts and pay notes

(―pagares‖) against or insured by

The Puerto Rico Production Credit

Association, the Small Business

Administration, the PR Home

Financing Authority (Autoridad

para el Financiamiento de la Vivi-

enda de PR), the Federal Admini-

stration of Farmers Home, the

Federal Home Administration

(FHA), the Veterans Administra-

tion, the PR Department of Com-

merce and Economic Develop-

ment and/or any other agency or

state/federal entity that guaran-

tees a loan.

This law will protect your home

even after the event of your

death, if your widow continues to

live the property and/or if you

have minors living in the prop-

erty.(PR law states that you are a

minor until you are 21 years old)

Just remember to contact a

Puerto Rico notary public for

guidance in the matter, and to

check if you can benefit from this

law. If you don’t have this protec-

tion in place, and you are a de-

fendant in torts (non-contractual

damages) and/or creditors’ law-

suit, you can still benefit, but you

have to act fast. If the case is

almost at its conclusion and the

plaintiff requests your home as

part of the execution of sentence,

in order for you to pay for any

damages awarded. You will need

to submit a motion requesting

the protections given by this law

within 30 days of said request, or

your home could be executed in

public auction, in order for you to

comply with the adverse sen-

tence.

This is a great law because it

gives homeowners peace of

mind, knowing that after paying a

mortgage for so many years your

home is protected from your

creditors and adverse legal ac-

tions. You should take the time to

review the complete text of this

law and consult with an attorney

to see how it applies or not, to

your particular circumstance, as

all cases are different.

Your Rights Under the PR “Safe Home” Law (Hogar Seguro)

By: 1LT Walter Rodriguez

Office of the Staff Judge Advocate

Puerto Rico Army National Guard

Page 3: The Advocate Issue 4 Vol 1

The FTC issues an admin-

istrative complaint when

it has "reason to believe"

that the law has been or

is being violated, and it

appears to the Commis-

sion that a proceeding is

in the public interest.

The complaint is not a

finding or ruling that the

respondent has actually

violated the law. A con-

sent agreement is for

settlement purposes only

and does not constitute

an admission by the re-

spondent that the law has

been violated.

When the Commission

issues a consent order on

a final basis, it carries the

force of law with respect

to future actions. Each

violation of such an order

may result in a civil pen-

alty of up to $16,000.

The FTC works for con-

sumers to prevent fraudu-

lent, deceptive, and unfair

business practices and to

provide information to

help spot, stop, and avoid

them.

To file a complaint in

English or Spanish, visit

the FTC's online Com-

plaint Assistant or call 1-

877-FTC-HELP (1-877-382

-4357).

The FTC's website pro-

vides free information on

a variety of consumer

topics.

Facebook Settles FTC Charges That It Deceived Consumers By

Failing To Keep Privacy Promises

The social networking service

Facebook has agreed to settle

Federal Trade Commission

charges that it deceived consum-

ers by telling them they could

keep their information on Face-

book private, and then repeatedly

allowing it to be shared and made

public. The proposed settlement

requires Facebook to take several

steps to make sure it lives up to

its promises in the future, includ-

ing giving consumers clear and

prominent notice and obtaining

consumers' express consent be-

fore their information is shared

beyond the privacy settings they

have established.

The FTC's eight-count complaint

against Facebook is part of the

agency's ongoing effort to make

sure companies live up to the

privacy promises they make to

American consumers. It charges

that the claims that Facebook

made were unfair and deceptive,

and violated federal law.

"Facebook is obligated to keep

the promises about privacy that it

makes to its hundreds of millions

of users," said Jon Leibowitz,

Chairman of the FTC. "Facebook's

innovation does not have to come

at the expense of consumer pri-

vacy. The FTC action will ensure it

will not."

The FTC complaint lists a number

of instances in which Facebook

allegedly made promises that it

did not keep:

In December 2009, Facebook

changed its website so certain

information that users may have

designated as private – such as

their Friends List – was made

public. They didn't warn users that

this change was coming, or get

their approval in advance.

Facebook represented that third-

party apps that users' installed

would have access only to user

information that they needed to

operate. In fact, the apps could

access nearly all of users' per-

sonal data – data the apps didn't

need.

Facebook told

users they

could restrict

sharing of data

to limited audi-

ences – for

example with

"Friends Only."

In fact, select-

ing "Friends

Only" did not

prevent their

i n f o r m a t i o n

from being

shared with

t h i r d - p a r t y

app l ica t ions

their friends

used.

Facebook had

a "Verified Apps" program &

claimed it certified the security of

participating apps. It didn't.

Facebook promised users that it

would not share their personal

information with advertisers. It

did.

Facebook claimed that when us-

ers deactivated or deleted their

accounts, their photos and videos

would be inaccessible. But Face-

book allowed access to the con-

tent, even after users had deacti-

vated or deleted their accounts.

Facebook claimed that it complied

with the U.S.- EU Safe Harbor

Framework that governs data

transfer between the U.S. and the

European Union. It didn't.

The proposed settlement bars

Facebook from making any fur-

ther deceptive privacy claims,

requires that the company get

consumers' approval before it

changes the way it shares their

data, and requires that it obtain

periodic assessments of its pri-

vacy practices by independent,

third-party auditors for the next 20

years.

Specifically, under the proposed

settlement, Facebook is:

barred from making misrepresen-

tations about the privacy or secu-

rity of consumers' personal infor-

mation;

required to obtain consumers'

affirmative express consent be-

fore enacting changes that over-

ride their privacy preferences;

required to prevent anyone from

accessing a user's material more

than 30 days after the user has

deleted his or her account;

required to establish and main-

tain a comprehensive privacy pro-

gram designed to address privacy

risks associated with the develop-

ment and management of new

and existing products and ser-

vices, and to protect the privacy

and confidentiality of consumers'

information; and

required, within 180 days, and

every two years after that for the

next 20 years, to obtain independ-

ent, third-party audits certifying

that it has a privacy program in

place that meets or exceeds the

requirements of the FTC order,

and to ensure that the privacy of

consumers' information is pro-

tected. The proposed order also

contains standard record-keeping

provisions to allow the FTC to

monitor compliance with its order.

Facebook's privacy practices were

the subject of complaints filed

with the FTC by the Electronic

Privacy Information Center and a

coalition of consumer groups.

Page 4: The Advocate Issue 4 Vol 1

1,251 foster

children in

Puerto Rico are

waiting to be

adopted

Adoption

provides children

with a lifetime of

emotional and le-

gal connections to

a family. Foster chil-

dren who cannot

return home risk

reaching adulthood without a

permanent family of their own. In

2008, the US Congress passed

the Fostering Connections to

Success and Increasing Adop-

tions Act, which will help more

children find permanent families.

Despite this progress, thousands

of children—especially older chil-

dren and children of color—still

wait for families. And many fami-

lies who have adopted lack criti-

cal post-adoption support that is

essential to their children’s long-

term stability and well-being.

Foster care was intended to

be temporary, but many

Puerto Rico children remain

in care for years.

For children waiting to be

adopted in Puerto Rico, the

average length of stay in

care is more than five years

(65.5 months). On average,

children who were adopted

in 2007 spent more than

four and a half years (55.9

months) in care before the

adoption was finalized.

To shorten the time children

spend in care, child welfare

agencies must employ the

best recruitment tools possi-

ble to find families.

Older children in Puerto Rico

are not as likely to be

adopted as younger children.

The average age of Puerto

Rico’s adopted children is

about 7.4 years, while wait-

ing children are, on average,

roughly 8.9 years old. Re-

search shows that for youth

over the age of 9, the likeli-

hood of being adopted drops

significantly.

Special strategies must be

employed to ensure that

older children are adopted,

and that their newly formed

families have the support

they need.

Most of the waiting children

and adopted children in

Puerto Rico are Latino.

Agencies must create pro-

grams to address the unique

racial and cultural needs of chil-

dren of color, including seeking

families who reflect the back-

ground of children in care, as

required by law.

In 2007, most Puerto Rico chil-

dren left foster care to return

home (47%) or live with relatives

or in guardianship (37%). 142

children (10% of all exits) were

adopted.

Children who found permanent

families need support to help

them recover from the trauma of

abuse and neglect and the ex-

perience of being in care.

Post-permanency services

should be available to families

who adopt, accept guardianship,

or are reunified with their chil-

dren to help make permanent

families as strong as possible.

In 2007, 28 youth in Puerto Rico

aged out of foster care without a

permanent, legal family.

Research shows that many of

these youth will face significant

obstacles in the future, including

homelessness, unemployment,

depression and substance

abuse.

The best way to improve these

outcomes is to ensure that youth

do not age out of care without a

family. For those youth who do

not find a family, states and

counties must provide support to

help them make the transition to

independent living with the help

and support of caring adults.

Most children adopted from fos-

ter care in Puerto Rico are

adopted by foster parents and

relatives.

In Puerto Rico, 53 percent of

children adopted in 2007 were

adopted by their foster parents.

Another 21 percent were

adopted by relatives.

eligible for federal adoption as-

sistance by 2018.

If foster parents and relatives

are provided with adequate sup

port from the beginning of a >>

In Puerto Rico, Adoption is

regulated by the Civil Code,

in Articles 130 to 138. To

access these articles in the

Civil Code press on the link

below.

Page 5: The Advocate Issue 4 Vol 1

The Casa Cuna de San Juan

is the first home for mis-

treated, abused and/or

voluntarily given boys and

girls, managed by a munici-

pal government: the Munici-

pality of San Juan. It is a

home with adoption agency

and institution license, as

authorized by the Depart-

ment of Family. The pro-

gram is attached to the

Office of integral Develop-

ment of Women (ODIM), an

administrative unit of the

Municipality of San Juan.

The Casa Cuna de San Juan

represents an alternative to

temporary sheltering for

those minors – from the

moment of birth until three

years of age, who have suf-

fered maltreatment and/or

have been voluntarily given

– to live in a secure environ-

ment in which they receive

love, attention and respect,

while they are placed in a

permanent home.

Child Welfare Information

Gateway promotes the safety,

permanency, and well-being

of children and families by

connecting child welfare,

adoption and related profes-

sionals as well as concerned

citizens to timely, essential

information.

A service of the Children's

Bureau, Administration for

Children and Families, U.S.

Department of Health and

Human Services, they provide

access to print and electronic

publications, websites, and

online databases covering a

wide range of topics from

prevention to permanency,

including child welfare, child

abuse and neglect, adoption,

search and reunion, and

much more.

child’s experience in care, they

will be in a better position to pro-

vide children with the perma-

nency they need if they can’t

return home. By setting adoption

assistance rates equal to foster

care rates, agencies can help

ensure that foster parents have

an incentive to adopt.

As a result of the Fostering Con-

nections to Success and Increas-

ing Adoptions Act of 2008, many

more children with special needs

adopted from foster care will be

Only about 31 percent of Puerto

Rico children adopted in 2007

were receiving Title IV-E federal

adoption assistance. Many of the

children who were not IV-E eligi-

ble did not qualify due to their

birth parents’ income. Some chil-

dren who do not qualify for fed-

eral assistance receive no adop-

tion subsidies at all.

The new law eliminates birth

parent income as an eligibility

factor. As a result, many more

Puerto Rico children will qualify

for and receive federal assis-

tance. Beginning with adoptions

finalized on or after October 1,

2009, all children 16 and older

and children who have been in

care for five years or longer—and

their siblings—will receive federal

support, as long as they have

special needs and meet other

eligibility requirements. Each

year, younger children will be

phased in for federal support (14

and older in 2011, 12 and older

in 2012, and so on) until 2018

when federal support will be

given to all children with special

needs who meet other eligibility

criteria.

In 2007, 644 (51%) of Puerto

Rico’s waiting children had

been in care for five years or

more. Of those, 636 were not

receiving IV-E payments. Also

in 2007, about 129 of the

waiting children who were not

receiving IV-E payments (11%)

were 14 or older.

A single act of adoption

touches many hearts and

souls. It is not only the adopt-

ing family and the newly

adopted member. Adoption is

one of the most beautiful acts

of which a creature is capa-

ble. In addition to humans,

some animals will also adopt

a needful creature and care

for it as its own. Adoption,

when it is a voluntary act of

love, blesses the giver as it

blesses the receiver.

Adoption is a slow, bureaucratic

process in Puerto Rico. Recent

attempts towards new legislation

that may expedite the adoption

process have not been success-

ful. As a result, many potential

adopters become discouraged

and search for other locations

where the adoption process is

not as complex as that prevailing

in Puerto Rico.

All the bureaucratic process of

adoption in Puerto Rico is trans-

acted through Programa de Fa-

milias con Niños de la Adminis-

tración de Familias y Niños

(formerly titled Departamento de

la Familia).

The adopter must have resided

in Puerto Rico without interrup-

tion for at least six months prior

to the date of adoption.

A process of adoption may take

from several months to several

years. Each case of adoption is

essentially different from all oth-

ers. In general terms:

1) the person(s) requesting to

adopt a child must provide all the

documents and information re-

quired by the evaluation officer

and be approved;

2) the government must have the

legal right to permit the child(ren)

to be adopted;

3) a court of law must examine

the adoption request documents

where a judge decides whether

or not to allow the adoption;

4) the adoptive parents must file

an adoption certificate at the

demographic registrar's office

(Registro Demográfico)

The ―Asociación Puertorriqueña

de Padres Adoptivos‖ (APPA) is a

not-for-profit organization cre-

ated in August 2003 to promote

child adoption in Puerto Rico.

The association provides infor-

mation and support before, after

and throughout the process of

adoption.

Page 6: The Advocate Issue 4 Vol 1

6. Employees shall not know-

ingly make unauthorized com-

mitments or promises of any

kind purporting to bind the gov-

ernment.

7. Employees shall not use pub-

lic office for private gain.

8. Employees shall act impar-

tially and not give preferential

treatment to any private organi-

zation or individual.

9. Employees shall protect and

conserve federal property and

shall not use it for other than

authorized activities.

10. Employees shall not engage

in outside employment or activi-

ties, including seeking or negoti-

ating for employment that con-

flict with their official govern-

ment duties and responsibilities.

11. Employees shall disclose

fraud, waste, abuse and corrup-

tion to appropriate authorities.

12. Employees shall satisfy in

good faith their obligations as

citizens, including all just finan-

cial obligations, especially those

that are imposed by law (such

as paying their federal, state or

local taxes).

13. Employees shall adhere to

all laws and regulations that

provide equal opportunity for all

Americans regardless of race,

color, religion, sex, national

origin, age or handicap.

14. Employees shall endeavor

to avoid any actions creating

the appearance that they are

violating the law or the Stan-

dards of Ethical Conduct for

Employees of the Executive

Branch.

It is important to remember

that violating ethics principles

may result in disciplinary or

corrective action, including

criminal prosecution. Protect

yourself from disciplinary action

by seeking the advice of

your agency ethics official.

THE PRINCIPLES

OF ETHICAL CONDUCT

Ethics is defined as the

discipline dealing with what is

good and bad or right and

wrong or with a moral duty and

obligations. It is also defined as

a group of moral principles or a

set of values. Webster Third

New International Dictionary,

Merriam-Webster, 1981.

As government employees

were are bound by a set of prin-

ciples and obligations, called

ethics, to protect and conserve

the resources entrusted to us

by the public that we serve. For

this reason on 12 April 1989,

President George Bush issued

Executive Order 12674, which

established the Principles of

Ethical Conduct for Government

Officers and Employees.

There are 14 Principles of Con-

duct. These principles are the

following:

1. Public Service is a public

trust, requiring employees to

place loyalty to the Constitution,

the laws and ethical principles

above private gain.

2. Employees shall not hold

financial interests that conflict

with the conscientious perform-

ance of duty.

3. Employees shall not engage

in financial transactions using

nonpublic government informa-

tion or allow the improper use

of such information to further

any private interest.

4. An employee shall not solicit

or accept any gift or other item

of monetary value from any

person or entity seeking official

action from, doing business

with, or conducting activities

regulated by the employee’s

agency, or whose interests may

be substantially affected by the

performance or non perform-

ance of the employees duties

(except as specifically permit-

ted)

5. Employees shall put forth

honest effort in the perform-

ance of their duties.

By: MAJ William E. O’Connor

Fulltime Judge Advocate

Puerto Rico National Guard

BACKGROUND

In 1989, the President’s

Commission on Federal Eth-

ics Law Reform recom-

mended that individual

agency standards of conduct

be replaced with a single

regulation applicable to all

employees of the executive

branch.

The Commission also made

a number of other recom-

mendations. To address

some of those recommenda-

tions, President Bush signed

Executive Order 12674 on

April 12, 1989. President

Bush signed Executive Order

12731 on October 17, 1990.

Executive Order 12731

restated Executive Order

12674 and incorporated

certain modifications. The

new executive branch-wide

standards of conduct regula-

tion, the Standards of Ethical

Conduct for Employees of the

Executive Branch, became

effective in 1993 and was

codified in 5 C.F.R. part

2635.

Page 8: The Advocate Issue 4 Vol 1

long tour in Iraq.

The Good Soldiers tells the

story of the 2nd Battalion,

16th Infantry Regtiment of

the 4th Infantry Brigade Com-

bat Team, 1st Infantry Divi-

sion, (2-16) also known as

the ―Rangers‖ during Presi-

dent George W. Bush’s

―Surge‖ campaign in 2007. It

is a story of courage, sacrifice

and resiliency. The author

spent 8 months with ―the

Rangers‖ in Iraq. Their story is

told by the soldiers them-

selves and their families. It is

an intricate, complex story of

our soldiers’ fight in Iraq. By

the end of their combat tour,

the 2-16 had 14 soldiers

killed in action, another 75

injured. They served their

deployment in Forward Oper-

ating Bases in Rustamiya, a

place who according to the

author, ―few diplomats or

politicians chose to venture‖.

Doug Stanton, author of

“Horse Soldiers: The Extraor-

dinary Story of a Band of Sol-

diers Who Rode to Victory in

Afghanistan” stated that the

http://

www.facebook.com

/PRNG.OSJA

100 General Esteves Street

San Juan, Puerto Rico 00901-1401

Phone: 289-1400 Ext. 1030

Fax: 787-289-1431

E-Mail: [email protected]

PUERTO RICO NATIONAL GUARD

OFFICE OF THE STAFF JUDGE ADVOCATE

“His soldiers weren’t yet

calling him the Lost Kauz

behind his back, not when

this began. The soldiers of his

who would be injured were

still perfectly healthy, and the

soldiers of his who would die

were still perfectly alive..”

With these powerful words

the reader is taken into com-

bat with LTC Kauzlarich and

his men on their 15 month

author gave ―an unforgetta-

ble voice to the men who

fought and lived- and to

those who did not- and

whose voices we otherwise

might not have heard.‖ This

book has also been called ―A

new classic…the reader can-

not get enough…As a com-

pelling read, The Good Sol-

diers is all good”. J. Ford

Huffman, Military Times.

Thomas E. Ricks, author of

Fiasco and The Gamble de-

scribed this book as ―the

best account I have read of

the life of one unit in the

Iraq War. It is closely ob-

served, carefully recorded,

and beautifully written.

David Finkel doesn’t just

take you into the lives of our

soldiers; he takes you into

their nightmares‖.

I highly recommend this

book to every student of

military history and science.

It should be an integral part

of every professional sol-

dier’s library.

***The materials and information on this newsletter are made available by the PRNG OSJA for informa-

tional and entertainment purposes only. It does not constitute legal advice. This newsletter is not intended

as advertising and it does not create an attorney-client relationship. Persons reading the information on this

newsletter should not act upon the information provided without seeking professional legal counsel.***

Looking to Earn Extra In-

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Settling Your Credit Card

Debts

Dealing with Debt Collection

- Money Matters from the

Federal Trade Commission

with deep pockets. A tan-

nery production company

could be responsible for

several cases of leukemia,

but also is the main em-

ployer for the area. Jan de-

cides to go against two gi-

ant corporations (real-life

companies Beatrice Foods

and W. R. Grace) with links

to the tannery, thinking it's

another case that could

possibly earn him millions,

as well as a name for him

and his firm.

With a class action lawsuit

to file, Jan represents fami-

lies who demand a clean-up

of the contaminated area

and an apology. However, it

develops into a case that

could ruin Jan and his firm.

The lawyers of the leather

company's parent corpora-

tion are not easy to intimi-

date, and soon Jan and his

partners find themselves in

a battle for mere survival.

court case about environ-

mental pollution that took

place in the 80s. A lawsuit

was filed as commercial

operations appeared to have

caused fatal cases of leuke-

mia and cancer, as well as a

wide variety of other health

problems, among citizens of

the town. The case involved

is Anne Anderson, et al., v.

Cryovac, Inc., et al…

In the film, environmental

toxins in the city of Woburn,

Massachusetts contaminate

the area's water, and be-

come linked to a number of

deaths of children. Schlicht-

mann, a cocky and success-

ful attorney who zips around

town in his Porsche and his

small firm of lawyers are

called upon to take legal

action against those respon-

sible. Jan finds a major envi-

ronmental issue involving

groundwater contamination

that has great legal potential

and a couple of defendants

A 1998 drama film star-

ring John Travolta (as Jan

Schlichtmann), based on the

book of the same name., both

are based on a true story of a