Major Thomas R. Serrano Office of the Chief Counsel National Guard Bureau thomas.serranongb.ang.af.mil COMM 703-607-2705

2. Major Thomas R. Serrano Office of the Chief Counsel National Guard Bureau thomas.serrano@ngb.ang.af.mil COMM 703-607-2705 DSN 327

3. Potential RC Ethics Issues Conflicts of interest Personal and organizational Filing financial disclosure reports Outside employment and business enterprises Supplementation of salary Post-Government employment restrictions Wartime gifts “State-sponsored” life insurance …and many more we don’t have time to discuss

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7. Commander Responsibilities Affirmative obligation (JER 5-408) to refrain from assigning reservists duties that could give reservist access to non-public information result in an unfair advantage present an actual or apparent conflict of interest Adequate SCREENING is a necessity This is usually NOT being accomplished

8. Reservist Screening Civilian employer information Reserve duty information How long performing duty Responsibilities Supervisory review Conflict of interest analysis Updated regularly Reviewed by ethics counselor when necessary

9. Conflicts of Interest Mobilization / activation dramatically increases the potential for conflicts of interest Conflicts must be resolved in the same manners as with Active service or civilian employees Civilian employment may create organizational conflicts of interest FAR 9.5 can negatively impact Reservist (or company) when he/she returns to civilian job

10. Financial Disclosure Reports SF 278 required when 61 or more days of active duty are performed during reporting period by O-7 or above New entrant and annual VERY DIFFICULT TO TRACK OGE Form 450 Reservists on active duty for more than 30 consecutive duty days, serving involuntarily or voluntarily serving in excess of 130 days Special Government Employee Filing requirement?

11. Officer vs. SGE Officer – file when in a “covered position” (JER 7-300a(1) and (3)-(5)) SGE – subset of covered position (JER 7-300a(2)) SGEs file unless excluded UP JER 7-300a(2)(a-g) Problem – all who are mobilized involuntarily are SGEs Proposed amendment to JER to exclude SGEs from filing if active service counterpart excluded from filing.

12. Outside (off-duty) Employment Includes off-duty business enterprises Supervisory knowledge enables ID of possible misuse of Government resources No conflict with official duties “Telling their story” Not for personal compensation while on active duty “Official duties” test 5 CFR 2635.807

13. Outside (off-duty) Employment(cont.) Wrapping up business affairs upon mobilization May use official resources to wind up affairs Must be reasonable

15. Supplementation of Salary 18 US Code 209(h) permits members of RC under a call or order to AD under a provision of law referenced in 10 U.S.C. § 101(a)(13) to continue to be paid salary from employer. 10 U.S.C. § 12601 - Any Reserve who was receiving compensation before being ordered to AD may continue to receive compensation while on AD.

16. Post Government Employment Restrictions are triggered each time an employee performs duty as an “officer” or “SGE” Reservists may need to disqualify themselves from certain military duties in order to not jeopardize their ability to return to their civilian jobs SCREENING will help ID problem areas US Code 207 and 208 restrictions

17. Wartime Gifts A&E Channel “Home with the Brave.” OPRAH! Hometown Groups First-Class Airline Tickets

18. Wartime Gifts No “wartime” gift exception Need to fit gifts into one of the listed exceptions: Discount or similar benefit Meritorious award 5 C.F.R. 2635.204(c)(3)(iii) No clean solution

19. “State-sponsored Life Insurance” JER para. 3-209 Group life insurance sponsored by state military department not an endorsement. 37 U.S.C. § 707 Service secretary may allow allotments for group life insurance sponsored by state military dept. or by state National Guard association. Association life insurance ? state-sponsored life insurance. Need to get military department sponsorship IAW state procedures for such insurance.