Furloughed Employees Are Still Subject to Ethics Laws
Robert Wechsler
According to an
article in the Washington Post this week, the federal Office
of Government Ethics has reminded agencies to tell their furloughed
employees that "they remain employees of the Federal Government
during furlough periods . . . It is particularly important for
employees to understand that ethics provisions regarding outside
activities, including provisions regarding outside
employment, will continue to apply to them while they are in a
furlough status."
Would this also be true of furloughed local government employees, or even employees who take an unpaid leave of absence?
At first thought, this might seem very harsh. Sure, an employee should not accept gifts from a restricted source. But what about work? Is it right that a government employee not only lose her job and her pay, for an uncertain amount of time but, in seeking part-time work to pay her bills, she also has to follow government ethics rules she probably knows nothing about, because she didn't have the time or the need to seek outside work?
On the other hand, it could cause serious problems if she were to work for or represent a restricted source, not only using her special knowledge and connections, but also forming a relationship with someone that, in the near future, she will be working with as a government representative. Yes, she could withdraw from further participation in the matter, but she will already have worn two hats in the matter, and this cannot be cured. There is a possibility that she has shared confidential information, there is the appearance that she has been rewarded for having already benefited the employer, and there is a chance that she will continue to use her influence and connections to benefit the employer, even if she publicly withdraws.
As long as an official or employee retains her office or position, whether on furlough, leave, or whatever, she is legally subject to the relevant ethics laws, local and state, and subject to the relevant ethics commissions' jurisdiction. In seeking work during a period of furlough or leave, she should steer clear of anyone who seeks special benefits from the government or, if an agency employee without influence outside that agency, from that agency.
And if she isn't sure what to do, she should ask the ethics officer, if the ethics officer isn't scrambling to find work herself.
Robert Wechsler
Director of Research-Retired, City Ethics
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Would this also be true of furloughed local government employees, or even employees who take an unpaid leave of absence?
At first thought, this might seem very harsh. Sure, an employee should not accept gifts from a restricted source. But what about work? Is it right that a government employee not only lose her job and her pay, for an uncertain amount of time but, in seeking part-time work to pay her bills, she also has to follow government ethics rules she probably knows nothing about, because she didn't have the time or the need to seek outside work?
On the other hand, it could cause serious problems if she were to work for or represent a restricted source, not only using her special knowledge and connections, but also forming a relationship with someone that, in the near future, she will be working with as a government representative. Yes, she could withdraw from further participation in the matter, but she will already have worn two hats in the matter, and this cannot be cured. There is a possibility that she has shared confidential information, there is the appearance that she has been rewarded for having already benefited the employer, and there is a chance that she will continue to use her influence and connections to benefit the employer, even if she publicly withdraws.
As long as an official or employee retains her office or position, whether on furlough, leave, or whatever, she is legally subject to the relevant ethics laws, local and state, and subject to the relevant ethics commissions' jurisdiction. In seeking work during a period of furlough or leave, she should steer clear of anyone who seeks special benefits from the government or, if an agency employee without influence outside that agency, from that agency.
And if she isn't sure what to do, she should ask the ethics officer, if the ethics officer isn't scrambling to find work herself.
Robert Wechsler
Director of Research-Retired, City Ethics
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