THE ROLE OF ETHICS ON GOVERNMENT

The Role of Ethics on Government

The Role of Ethics on Government

Introduction

The 1970s was a decade of tumultuous social upheaval and political chicanery. Watergate precipitated the resignation of President Richard Nixon. The newspapers reported a litany of overseas bribery incidents. In response to what was perceived as prevalent, insidious corruption at the very highest level of government, Congress responded with a number of ethics-based legislative measures. Among the many acts and amendments were provisions for Independent Counsel (28 U.S.C. 591, et seq.) and the Ethics in Government proceed of 1978 (5 U.S.C. App. 4§ 101, et seq.), hereinafter referred to as the Act.

The essential purpose of the Act was to require disclosure of the finances and financial interests of high level federal employees, provide report formats and procedures, and give notice to all what the penalties would be for failing to make the requisite reports and disclosures. Congress's goal was to provide an objective means of determining possible areas of conflict of interest.

The General Provisions

The original Act consisted of five sections: Title I—Financial Disclosure Requirements of Federal Personnel, Title II—Executive Personnel Financial Disclosure, Title III—Judicial Personnel Financial Disclosure, Title IV—Office of Government Ethics, and Title V—Government-Wide Limitations on Outside Earned Income and Employment.

Section II, which related to executive personnel financial disclosure requirements, and Section III, relating to judicial personnel financial disclosure requirements, were repealed in 1989, effective January 1, 1991. The spirit of the prohibitions was generally incorporated in 18 U.S.C. § 203, coming under the heading of Crimes, Bribery, Graft, and Conflicts of Interest and titled “Compensation to Members of Congress, officers, and others in matters affecting the Government.” The section is more general than the Act. It eliminates the detailed reporting procedures and substitutes an expansive scope of governmental investigative powers and prosecutorial powers. The portions of the Act that remain in force pertain to other federal government personnel who are not covered under Section 203.

Title I: Financial Disclosure

Sections 101 to 111 addressed financial disclosure by federal personnel. The goal of Congress was to discourage bribery and other acts of mischief associated with people in a governmental position of power by requiring them to disclose their sources of income.

Generally, the designated government officials and employees must file itemized reports within 30 days of assuming their new jobs. The proceed needs the disclosure to encompass, but not be restricted to, the source, kind, and allowance or value of earnings, honoraria, or payments made to a charity on behalf or in the title of the employee in lieu of an honorarium of more than $200 in worth; the source and kind of earnings from dividends, leases, interest, and capital gains in surplus of $200, recognizing the allowances engaged within certain prescribed categories of worth; the source, description, and category of worth of all presents of more than $250 received from nonrelatives; the source and description (including a journey itinerary, designated days, and the environment of costs provided) of reimbursements received from any source of more than ...