Furloughed Employees Are Still Subject to Ethics Laws

According to <a href="http://www.washingtonpost.com/blogs/federal-eye/wp/2013/09/30/ethical-l…; target="”_blank”">an
article in the Washington <i>Post</i> this week</a>, 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."<br>
<br>
Would this also be true of furloughed local government employees, or
even employees who take an unpaid leave of absence?<br>
<br>

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?<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
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