ethics-commission

Saturday, April 5, 2008

Code of Ethics for Government Service

CODE OF ETHICS FOR GOVERNMENT SERVICE

House Concurrent Resolution No. 175, July 11, 1958, 72 Stat. B12, provided for a Code of Ethics for all Government employees, including officeholders. See Public Law 96-303, set out below.

DISPLAY IN FEDERAL BUILDINGS OF CODE OF ETHICS FOR GOVERNMENT SERVICE

Public Law 96-303, July 3, 1980, 94 Stat. 855, provided: "That, under such regulations as the Administrator shall prescribe, each agency shall display in appropriate areas of Federal buildings copies of the Code of Ethics for Government Service.
"Section 2 (a) The Administrator shall provide for the publication of copies of such Code of Ethics and for their distribution to agencies for use under the first section of this Act.
"(b) The Administrator may accept on behalf of the United States any unconditional gift made for the purposes of this Act.
"Section 3. For purposes of this Act -
"(1) the term 'agency' means an Executive agency (as defined by Section 105 of Title 5, United States Code), the United States Postal Service, and the Postal Rate Commission;
"(2) the term 'Administrator' means the Administrator of the General Services Administation;
"(3) the Code of Ethics for Government Service shall read as follows -

"CODE OF ETHICS FOR GOVERNMENT SERVICE

"Any person in Government service should:

"I. Put loyalty to the highest moral principles and to country above loyalty to persons, party, or Government department.

"II. Uphold the Constitution, laws, and regulations of the United States and of all governments therein and never be a party to their evasion.

"III. Give a full day's labor for a full day's pay; giving earnest effort and best thought to the performance of duties.

"IV. Seek to find and employ more efficient and economical ways of getting tasks accomplished.

"V. Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or not; and never accept, for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties.

"VI. Make no private promises of any kind binding upon the duties of office, since a Governmental employee has no private word which can be binding on public duty.

"VII. Engage in no business with the Government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.

"VIII. Never use any information gained confidentially in the performance of governmental duties as a means of making a private profit.

"IX. Expose corruption wherever discovered.

"X. Uphold these principles, ever conscious that public office is a public trust.

Your agency ethics official and the Office of Government Ethics are available to answer questions on conflicts of interest; and
"(4) the term 'Federal building' means any building in which at least 20 individuals are regularly employed by an agency as civilian employees.
"Section 4. The provisions of this Act shall take effect October 1, 1980. There shall be no costs imposed on the Federal Government for the printing, framing, or other preparation of the Code of Ethics for Government Service under this Act."

Bill of Rights - Amendments 1 - 10 and 14

Bill of Rights - Amendments 1 - 10 and 14 from the U.S. Constitution.
See also constitution.org

ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY CONGRESS, AND RATIFIED BY THE SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL CONSTITUTION.

AMENDMENT I.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

AMENDMENT II.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

AMENDMENT III.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

AMENDMENT IV.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

AMENDMENT V.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

AMENDMENT VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the Assistance of Counsel for his defence.

AMENDMENT VII.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

AMENDMENT VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

AMENDMENT IX.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

AMENDMENT X.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

See Also AMENDMENT XIV, Section 1:

. . . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Direct Grievance Process for Restitution

Coming Soon!

Links will be posted to sites and programs in each district in Houston to coordinate a neighborhood-based process for redressing grievances and seeking restitution for wrongdoing to restore justice, to rebuild communities, and to heal injured relations.

Please email the editor at emilynghiem@hotmail.com if you would like to help to promote public education and participation and to coordinate resources for conflict resolution and restitution in your district or citywide.

Grantwriters, lawyers and mediators, counselors and educators, community advocates and leaders are invited to join in this effort. Thank you!

Equal Protections and Enforcement of Laws

Part of the problem with distrust of government is not only the unchecked corruption due to bureaucracy and power imbalance, but the disproportionate expenditure of resources on policing citizens punished as criminals without equal emphasis on redressing civil grievances and criminal misconduct of government and corporate wrongdoers. As an advocate of restorative justice, I believe restitution is due to taxpayers and citizens who suffer economic and other losses, and which should be remedied by mediation to address and correct the problems, governed by the following standards.

Documents I recommend distributing for public education and for governing mediation and restitution for wrongdoing:
* The Houston Police Mission Statementhttp://www.houstonprogressive.org/hpdmissn.gifCalling for police to involve citizens in all aspects of policing, defined as upholding Democratic values embodied in the Constitution, resolving problems through the enforcement of laws and not through the imposition of judgment or punishment, and working cooperatively with the public and within the framework of the U.S. Constitution to enforce the laws, preserve the peace, reduce fear and provide for a safe environment.

* The Bill of Rights, Amendments 1-10 and Amendment 14 of the U.S. Constitution http://www.constitution.org
Ensuring equal protection of interests, including the right to due process, to security of citizens, and the free exercise of religion, free speech and freedom of the press, with respect to the equal right to assemble in peace and to petition for redress of grievances. To maintain proper checks and balances without distortion or disruption by favoring or imposing certain interests over others, mediation and conflict resolution is required to ensure the consent of all parties, whereby rights, freedoms and interests are protected by law for those parties who agree to respect the same of others, and cannot be invoked under law by those who refuse to uphold the same standards.

* The Code of Ethics for Government Service
http://www.houstonprogressive.org/ethics.html
Calling for anyone in government service to uphold the Constitution, laws and regulations of the United States, never to be a party to their evasion or to favor certain interests inconsistent with public duty, to seek to employ more efficient and economical means of accomplishing tasks, and to expose corruption wherever discovered. By these standards of ethics, the current legal system of waiting for lawsuits or judgments, before stopping corrupt or harmful actions taken against the consent of citizens affected, is inacceptable and does not provide equal protection for citizens without equal legal resources to defend their interests. The wasteful legal, judicial, and criminal justice systems, also violates ethics on economic efficiency compared with mediation and restorative justice programs that have proven more successful and cost-effective in deterring future offenses.

Call for Civil Obedience

Traditionally, the Bill of Rights and other laws are interpreted to separate the powers and responsibility of government from taxpaying citizens while seeking to maintain proper checks and balances. Since the just powers of government, and all laws as social contracts, must reflect the consent of the governed, it is clear that all citizens should be treated with equal respect, regardless of position or standing. Unfortunately, out of greed and unwillingness or inability to resolve conflicts of interest, corruption has backlogged the system of representation and due process, disrupting normal checks and balances, and making justice inaccessible or impossible for many.

To promote equal respect and responsibility for the law, mass education is required in both knowledge of the written laws and in conflict resolution to correct and prevent injustice and wrongdoing. Otherwise, the bureaucratic legal and judicial system obstructs the average citizen's equal right and access to petition for redress of grievances. Government courts that favor corporate interests, over individuals with unequal resources or defense, violate Constitutional rights to due process, redress of grievances, and equal protections of the law.

Having witnessed numerous victims of corporate corruption and judicial failure to redress grievances to protect citizens equally, I hereby call a movement for "Civil Obedience" whereby all citizens, government agents, and corporations equally agree to abide by, enforce, and uphold the same Constitutional principles and ethics as listed in the Bill of Rights, Amendment 14, and the Code of Ethics for Government Service.

I believe such a mutual commitment to common laws and civic responsibilities will create a positive and much needed reform. Instead of a punitive system of retributive justice, which causes people to hide wrongdoing, I believe in more effective alternatives in restorative justice which better use public resources to correct problems and resolve conflicts to restore equity in relations and in society, as well as healing from past injuries where restitution is possible.

I envision a transformation similar to the historical Reformation of the Catholic Church, rooted in a parental tradition of clergy holding authority for interpreting laws for the illiterate followers, but which fell to corruption for economic control, and led to a liberating movement of teaching individuals to embrace and enforce the laws for themselves in order to reclaim direct responsibility in life.

However, unlike previous revolutions to protest injustice and to seek liberation, which resulted in great wars and bloodshed, such political conflict and violence is not necessary. We are all aware there are problems of corruption and oppressed being denied, and need only to set up a more localized civil process for directly resolving and restoring relations that have been blocked by excess bureaucracy. The public has greater access today to education and resources to resolve conflicts through mediation, there is no need for political contention or punishment, or “civil disobedience” to challenge injustice by invoking arrest. Instead of criminalizing the protestors, I ask to turn the tables on government and call for “civil obedience” to respect all parties and laws, and to encourage voluntary restitution for wrongdoing. Instead of opposition or competition, the focus should be on cooperation in recognizing equal responsibility for managing decisions and resources between government and community leaders, citizens and organizations with structured programs already working successfully to serve the public.