1. GOVERNMENT ETHICS Navy & Marine Corps Relief Society
Captain Lisa Woo, USMC
Deputy Staff Judge Advocate
MCRD San Diego/WRR
(619)

2. GOV’T ETHICS LEGAL RESOURCES
Title 18, United States Code
Presidential Executive Order 12674
DoD R (Standards of Conduct)
32 Code of Federal Regulations 2635
SECNAVINST
Ethics Gram 14-01
5 CFR
Fundraising rules – widely distributed in a number of references, consolidate most important principles

3. GOV’T EMPLOYEE ETHICS RULES
Basic Obligations of Public Service
Bedrock Standards of Conduct
32 CFR
14 General Principles
*Ensure Public Confidence in its Gov’t*

4. BASIC OBLIGATIONS OF FEDERAL SERVICE
Public service is a public trust
Place public trust over private gain
Don’t acquire/retain private financial interests that appear to/do conflict with official duties
Act impartially in performing your duties
Protect and conserve the federal property and resources entrusted to you
Applies to range of conduct, not just fundraising activities for NMCRS

5. BASIC OBLIGATIONS OF FEDERAL SERVICE
No financial transactions using non-public info or the improper use of such information to further a private interest
Cannot give preferential treatment to any private organization or individual
Do not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official government duties
Avoid actions creating an appearance that you are in violation of the law or ethical standards
Appearance is the catch-all for unethical conduct

6. WHO DO THE RULES APPLY TO?
Officers
Enlisted (minor exceptions)
Civilian federal employees
Contractors (If compliance set forth in Contract)
Some former government employees
Reservists
If performing official duties
On inactive training
Earning retirement points

7. VIOLATION CONSEQUENCES?
Criminal Prosecution
Military = UCMJ Violations
Civilians = Federal Prosecution
Administrative Action
NJP
Adverse Action
Civil Penalties
Embarrassment, loss of trust, being fired (civilian DoD)

8. FUNDRAISING ACTIVITIES
5 CFR – Subject to restrictions
Distinction between Official & Personal Capacities
- Official – part of official duties – Workplace
* May use official title & position
* CFC, NMCRS, “By Your Own/For Your Own”
- Personal – Off Duty, Not to Subordinates
* Cannot Use or Permit use of official title or position associated with public office to further the fundraising effort, but can use rank and/or service
Ethics for Fundraising Activities
Differentiation between fundraising activities in personal versus official capacity.
Personal – (less limitations than during official time), can raised funds outside of federal workplace and donate money to NMCRS, not expected by the command since command cannot endorse off-base fundraising efforts.

9. FUNDRAISING ACTIVITIES (Cont.)
JER – Fundraising/Membership Drives
- Employees shall not officially endorse any Non-federal Entity (NFE) except:
* Combined Federal Campaign (CFC)
* Navy & Marine Corps Relief Society
* “By-Your-Own/For Your Own” (BYO-FYO)
• JER – Personal Participation in NFEs
- May voluntarily fundraise outside official duties
- Use of titles tends to suggest official endorsement or preferential treatment by DoD of the NFE
- Purely personal, unofficial volunteer efforts to support fundraising outside the workplace is authorized
- Component Heads can authorize non-workplace sites
Command endorsed fundraising activity permissible for (3) occasions.
BYOFYO -
As the coordinator, for the most part you will be acting in your official capacity when you’re engaged in fundraising efforts for the NMCRS

10. PERMISSIBLE FUNDRAISING OFFICIAL CAPACITY VOLUNTARY CONTRIBUTION
General Announcement, providing POC
Solicit from Active Duty during duty hours
Cannot solicit from DoD civilians, contractors
May accept contributions from all sources
Car wash, Bake sale, Trivia contest (entrance fee), 5K run, bowling tournament
Senior officials may voluntarily offer prizes for raffle, trivia contest prize

11. FUNDRAISING IN PERSONAL CAPACITY
Do not solicit from subordinates
Do not solicit from DoD contractors
Efforts (off-base) do not imply DoD endorsement
No use of official title or position
Rank and branch are permissible, but look at context
Do not use government resources
Highlights

12. FUNDRAISING – “TROUBLED WATERS”
Campaign “Potholes”
- Setting 100% participation goal
- Inquiry re whether or amount of donation
- Establishing personal $$ goals and quotas
- Creating/using Non-Contributor Lists
- Using campaign results in FITREP appraisals
- Official off-base fundraising for the NMCRS is not permissible
Mass Announcements are permissible

13. FUNDRAISING – “TROUBLED WATERS”
Sale/Rental Use of Gov’t property/privilege
- Military Civilian Clothes Privileges
- Special Liberty
- Preferred Parking

14. FUNDRAISING – “TROUBLED WATERS”
Prohibitions Against Gambling
- Generally, State Law Controls (Cal. PC )
* “Crimes against Public Decency & Good Morals”
• SECNAVINST NMCRS Annual Fund Drive
- No Raffles (Except NMCRS Annual Fund Drive, only when approved by SECNAV & “consonant w local law”)
- No Carnival-type Games of Chance
- No Solicitation of Businesses - Prize Donations
- No Use of Gov’t Property as Raffle Prizes

15. FUNDRAISING – CAL RAFFLES
California Constitution prohibition on raffles/lotteries
March Proposition 17 & SB639
CAL Penal Code §320.5
“Eligible Organizations” – “Beneficial or Charitable purposes” OK if organization complies w defined process
- In-state raffles only/Detachable coupons or stubs
- 90% proceeds must be used for beneficial goals
- Must first register with CAL Dept. of Justice
- Provide Fed TIN, CAL corporate or Charitable Trust #
- Accounts subject to state Audit
- Must file annual report with aggregate receipts, direct costs incurred and charitable/beneficial purposes met

16. QUESTIONS?