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Ethics in the Workplace
When was the last time you thought about Ethics in the work place?
Have you ever accepted a gift from someone that your company does business with?
What are "Workplace Ethics"?
Do you know what you as a public employee can or cannot do?
Do you know the definitions of "Things of Value", "Conflict of Interest" and "Improper"?
If the above questions have made you wonder whether or not you are doing the right thing, please read on.
History of Ohio Ethics Law
It was originally enacted in 1973 to promote confidence in government.
- The law:
Establishes a code of conduct making it illegal for public officials and employees to take official action if they have certain conflicts of interest,
Provides for the filing of financial disclosure statements by many public officials, and for public inspection of those statements,
Establishes procedures by which citizens may participate in the enforcement of the law, and;
Creates three agencies to administer the law:
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- The Ohio Ethics Commission;
- The Joint Legislative Ethics Committee; and
- The Supreme Court Board of Commissioners on Grievances and Discipline.
Who the Ethics Law APPLIES to:
All Elected Officials and employees at every level of government in Ohio, and those who do business with them, are covered.
Did you know that it is estimated that 18,700 elected office holders and 590,000 public employees are subject to the law?
What does the Ethics Law do for you?
Helps prevent public officials and employees with conflicts of interest from acting on conflicts like: Public Contracts, Revolving Door, Confidentiality, Representation, Conflict of Interest, and Supplemental Compensation.
What are your employer's responsibilities?
Did you know that Ohio Revised Code Section 102.09(E) states that all public officials and employees must receive a copy of the ethic laws within fifteen (15) days of hire, election or appointment? Have you received your copy?
Did you know that the Ohio Revised Code's "Conflict of Interest" covers at least 5 different areas?
- The following are a few examples:
102.03(D) No public official or employees shall use or authorize the use of their authority or influence or employment to secure anything of value or promise to offer anything of value that is of such a character as to manifest a substantial and improper influence upon the public official or employee with respect to that person's duties.
102.03(E) No public official or employee shall solicit or accept anything of value that is of such a character as to manifest a substantial and improper influence upon him with respect to his or her duties.
102.03(F) No person shall promise or give a public official anything of value if the thing of value has a substantial and improper influence upon them in the performance of there duties applies to private parties.
"Things of value" are defined as:
Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;
Goods and chattels;
Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;
Receipts given for the payment of money or other property;
Rights in action;
Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;
Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interest, beneficial interests, leasehold interests, and any other interest in realty;
Any promise of future employment;
Every other thing of value.
"Improper" is defined as:
- Theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
- "Misappropriation" means any of the following:
(a) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;
(b) Disclosure or use of a trade secret of another without the express or implied consent of the other person by a person who did any of the following:
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- (1) Used improper means to acquire knowledge of the trade secret;
- (2) At the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret that the person acquired was derived from or through a person who had utilized improper means to acquire it, was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or was derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use;
- (3) Before a material change of their position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
("Person" has the same meaning as in Section 1.59(C) of the Ohio Revised Code and includes governmental entities.)
(C) "Trade secret" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers, that satisfies both of the following:
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- (1) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
- (2) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
The above information is just a few things that will help you understand more about ethics in the work place.
The most important rule to use is your "Gut" instinct. Just remember:
You Can't�
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