Welcome Aboard--Icebergs Ahead

ongratulations! You have just been vetted by the FBI, the White House, at least one Senate committee, and the Office of Government Ethics. You have been pronounced fit to serve the public trust. Your integrity has been pushed, prodded, poked, weighed and passed inspection. Of course, as a new appointee you have every intention of doing what's right in your new government position. Even so, watch out for some of the shoals.
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It Begins With the Money

As you went through the vetting process, you were asked a ton of questions designed to identify potential conflicts of interest, mostly with respect to your finances. Shortly after you arrived, you should have received an earnest ethics briefing informing you of the pitfalls of violating Section 208 of the criminal code, for example. It all seems to be common sense. And besides, it's a discussion of a criminal code, and you're no criminal. Go listen to it again.

The ethics rules are built on a criminal framework. But that is misleading because most of the ethical lapses that bring down newcomers involve noncriminal violations of those rules. A conflict of interest or even the appearance of a conflict or perceived loss of impartiality will get you in hot water, even if you have the best of intentions.

The ethics rules make it your responsibility to identify possible conflicts and address them. It is not enough that your financial holdings were screened before you got your office; you now have to set the tripwires in your organization that will alert you to potential problems. Tell the official gatekeepers-those who manage your appointments and incoming communications-of your financial connections, so they can help spot possible conflicts. If you see a potential hot spot in your organization, discuss it frankly with the official in charge of that area so he or she can help prevent conflicts. (Don't forget to include your spouse's activities as well.) Ultimately, however, you are the one responsible for identifying and making sure that conflicts are dealt with. Nothing is so lame as the excuse that you relied on your staff to tell you if your conduct was improper. It's your responsibility, not theirs.

Old Acquaintances

Chances are you were appointed to your position because of work you did in the private sector. So, all the people that you used to work with, network with and lunch with still are out in the private sector doing work that relates to your new job. How are you going to deal with that? Answer: Very carefully. The expense account lunch, seats in the corporate box for the game, a ride on the corporate jet and a host of other amenities that come with business friendships must be viewed through a new lens. Even though you've known "Bill" since Hector was a pup, his corporation cares mightily about what your agency thinks and does. So, no more free lunches. Pay full fare and your fair share, every time-make no exceptions.

You need to fill vacancies on your staff. You also need consultants to answer questions as you take stock of your operation and experts to help you start new initiatives. You know exactly whom you need, and you need them now. You ask: "How can I bend the procurement or personnel system to work so I can get Bill here on the job without delay?" Answer: Don't try. Follow the procurement rules, bid out the work and advertise the job. Show the people that look up to you that you follow the rules and expect the same from them. It's good leadership, good government and good self-preservation. Also, consulting contracts should have a clear deliverable product and a deadline. Little is more entertaining to Washington than a consulting contract to a crony for $30,000 or $50,000 with nothing to show for it.

Finally, much of what you learn as an appointee is insider information; some of it may be classified and all of it is probably limited to official use.

This really means, for official use and dissemination only.

A related rule is that your agency databases should be researched only for official purposes. The passport files, selective service records, FBI security background investigations or income tax returns of your friends or enemies are not for your recreational reading.

The Perks Problem

When you get down to it, the trappings of government office aren't what they used to be. Those that remain are not for your personal luxury, but rather are there to help you better serve.

  • Motor pool privileges are for that meeting across town; not for taking you to lunch, or picking up your child or your laundry.
  • Your secretary is not a perk. He or she cannot shop for your spouse's birthday gift, or type your last will and testament, or send out your holiday greeting cards.
  • Your credentials and title may not be used to secure an advantage not available to the general public; they particularly are not to be used to get a free ticket or an upgraded ticket, or even to get out of a ticket.
  • You can't go home again. Some people actually come from outside Washington to work in a new administration. The use of official travel back to the home base again and again is an invitation to public disapprobation (hot water). Corollary advice would warn against taking an exotic vacation that just happens to coincide with "official" travel to a nearby agency outpost.
  • Fly solo. The occasions when your spouse may travel at government expense or travel on government aircraft are limited. Such occasions are scrutinized. Avoid the publicity.
  • The nonprofit organization that elected you chairperson still needs your attention. Your government secretary cannot type the meeting minutes, and your use of office equipment (fax, computer, telephone) to fulfill your responsibilities must meet a standard regarded as minimalist. You also may have to reconsider mixing the organization's work and your position as a possible conflict.

Are You Hatched?

The rules limiting your political activity are complicated. They have been loosened, somewhat, but not for high-level officials. Double check to see where you stand in the food chain.

What Can You Do?

Listen to your staff. Your first few months on the job are when you and your staff are most vulnerable. The sometimes-byzantine ways that the government does its business can be frustrating. Curb the temptation to steamroller over the half-murmured objections of your staff. This is a time when your staff is uncertain of your tolerance for a negative response, and many will want to impress you with their "can do" attitude. The resulting accommodation to your orders could involve expenditures or commitments that would not pass muster or an audit or a congressional hearing.

Again, listen to your inspector general, your chief financial officer and others who have taken an objective look at your office. Read their reports and ask them to troubleshoot and test your theories, so you can build concrete goals for improvement.

Learn the phone number of your agency ethics official by heart. And use it.

Government ethics may seem rule-bound; certainly some of the financial reporting requirements you already have encountered were cumbersome. But the ethical requirements that accompany the public trust are worthy of respect. Arrogance and ignorance have caused careers to founder or sink far more often than purposeful action has. Like icebergs, the ethical rules are visible and can be navigated around; the risk is best avoided by not steering too close to the edge.


Robert L. Ashbaugh is deputy inspector general at the Justice Department. He graduated from Denison University and Northwestern Law School. The views expressed here are his and do not reflect the opinions of the Justice Department or its Office of the Inspector General.

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