Political Activity and Post-Employment Ethical Violations
Define and explain in detail the following two types of ethical violations: 1) Political Activity and 2) Post-Employment. Give three examples of each type.
Political Activity and Post-Employment Ethical Violations
The United States show high ethical expectations towards federal employees through placing various restrictions (Martin, 2020). The federal employees, such as, administrative law judges and senior executive suppliers expected to enhance competency, integrity and efficiency at workplace. Federal employees may go against the united states government by engaging into Political Activity, Post-Employment activities, outside employment activities and financial disclosure according to the United States oath of office. The paper is a discussion of political and post-employment ethical violations.
On the 3rd of December 2018, white house officials were involved in violation of rules and regulations governing federal employees against political activity. According to reports, the employees violated the Hatch Act rules that restricts employees from engaging in political activity while in office. The employees violated the hatch rule by tweeting and retweeting a Republican Party hashtag on an official Twitter account. According to the Hatch Act, 5 U.S.C.U.S.C. ยงยง 7321-7326, an employee is allowed to participate in political campaign and management but should not knowingly accept political contributions or interfere or influence an election.
Additionally, the Act restricts employees from participating in partisan political activity which may make political candidate win or lose during an election (Madsen, 2020). Violation of political activity ethics may affect the individual’s employment. The Hatch Act categorizes employees into three main classes, presidentially appointed, career senior executive service and general schedule employees. The most restricted class of employees includes the enforcement and intelligence employees under the career senior executive service.
Violation of political activity involves the use of official authority, use of political activity at work, fundraising and accepting political contributions and use of government’s vehicles. An employee should not communicate with political unions while on duty, even if forwarding messages to friends or using personal devices, such as mobile phones. Also, the employee should not engage in any partisan political activity while on governments badge, using government-owned car or under government room (Madsen, 2020).
The prohibited activities, include, tweeting or posting political hashtags and messages on social media, wearing politically branded clothes, such as T-shirts or use of posters and photographs. Besides, making online donations or participating in a fundraising activity. Government employees should not strictly stick any political bumper on government premises or vehicles. While using a private vehicle, the employee should remove political bumpers. The employee is prohibited from running for public office, receive or solicit any contributions from political parties. Lastly, it is unethical for the government employees to use official name or title for influence in conducting political activities.
According to government staff regulations and rules under 41 U.S.C.U.S.C. 423(f), all former employees are permanently restricted or given a two-years restriction concerning various matters. A former employee is said to have violated post-employment ethics for personally advising or communicating with the current employee. Communicating without the involvement of the United States as a party in violation of ethics. The United States government should have a direct or substantial interest in the matter or action. For example, former employees are permanently restricted from knowingly communicating with a current employee of the federal government. Also, a former employee is restricted from passing information on behalf of another person purposely to influence the current employee.
Former employees are given two-year restriction when advising or recommending a current employee which you knew or had known during official responsibility within one year before the termination of federal employment. Additionally, post-employment ethics restrict a former employee from changing sides in the trade or treaty negotiations. The regulation states that a former employee should not participate personally or through someone in any ongoing trade affair or treaty negotiation on behalf of U.S.U.S. within one year preceding termination of federal employment. Also, a former employee with information about an ongoing trade or treaty negotiation exempted by law and protected by the government from disclosure. The employee should not use the information to advise or present aid on the ongoing trade or negotiation treaty before one year after termination of the federal employment.
Additionally, post-employment rules and regulations further restrict former employees from engaging in international or foreign entities, restricts detailees, and senior personnel. Former employees may be accused of ethical violation when caught representing the government’s interest in another country within one year of termination from federal employment (Martin, 2020). Also, the former employee is restricted from not only representing the interest of the government but representing political parties before the current employee. Representing the government or influencing the decision of the current employee in carrying out foreign duties is considered a violation of post-employment ethics. Very senior personnel get accused of violating post-employment ethics when caught communicating directly or on behalf of someone else to the current senior employee to influence their actions (Madsen, 2020). To avoid violation of post-employment ethics and standards, the employee is advised to consult with the department.
The post-employment restrictions consist of various exemptions that permit activities for all employees, senior employees and executive employees. All employees are exempted to conduct activities assigned to as an elected official of the government. Also give testimonies under oath or penalty of perjury. Senior and executive employees are exempted to carrying out official responsibilities for the government in higher education, hospitals or degree-granting institutions (Mont, 2020). The employee is allowed to communicate for a foreign organization where the United States is a member. Besides, the employee is allowed to communicate concerning personal matters, about technology or when giving testimonies under oath or penalty of perjury. Violation of post-employment restrictions is considered a criminal act punishable for not more than a year and in case of willing engagement in restricted conducts for not more than five years, fine or both.
Lately, Donald triumph has been accused of violating the hatch rule at R.N.C. During the corona pandemic, Donald triumph has been found violating laws restricting political activities. The white house is growing bolder during the pandemic in flaunting ethical norms. According to the special counsel, Triumph’s rallies has lacked policy agendas where speeches are designed in campaign style, and use of rock music playlists. Violation of Political Activity and Post-Employment is highly prohibited in the United States through various federal regulations. Federal employees are restricted from participating in political activities, according to the Hatch act (MOORE,et, al., 2019). The employees are restricted from the use of titles to authorize or influence elections, solicit money or receive a political contribution, use government-owned cars in political activities or government rooms while on duty. Violation of hatch rule may lead to suspension or loss of employment with no pay (Mont, 2020).
Post-employees restrictions prohibit the federal government from engaging in official responsibilities, such as offering advice or engaging in trade and treaty negotiations. The restrictions are placed to avoid external influence that may lead to conflict between parties or leakage of internal government information (MOORE,et, al., 2019). The government values privacy and confidentiality to avoid cases of terrorism and cyber-attacks. Former employees are restricted from advising and influencing current employee concerning international or local affair according to the stated period. Compared to a restriction against political activity, former employees, such as administrative law judges and career senior executives are restricted from expressing an individual opinion, voting, making political contributions, and giving advice even during off duty or away from work.
References
Madsen, V. T. (2020). Crossing hierarchies in organizations: Making sense of employee dissent and circumvention on internal social media. Globe: A Journal of Language, Culture and Communication, 9.
Martin, A. F. (2020). The Government Lawyer as Activist: A Legal Ethics Analysis. Windsor Rev. Legal & Soc. Issues, 41, 28.
Mont, W. (2020). Election Law Violations. Am. Crim. L. Rev., 57, 553.
MOORE, G., ROBICHAUD, C., DE JONG, J. O. R. R. I. T., & BURGESS, A. (2019). Making a Statement.
