Legal Environment of Admin
Foreword
This employee ethics and rights guide is intended for the use of supervisors in mitigating and implementing applicable rules and regulations upon all the agency staff. The implementation of the provisions of this guide will be managed by designated agency ethics official, hence, the department supervisors will act on the capacity of ethics official under the virtue of the higher management or until a proper ethics official is appointed (Reskin and Padavic, 2001).
Employees who have questions or concerns about the implemented policies on rights and ethics are encouraged to get in touch with their immediate supervisors. For counseling and to assess issue relevance prior to any act of escalation to any members of the management team in pursuant to The Civil Rights Act of 1961 or laws on regulations pertaining to employee’s civil rights (Hayden, 1999; Szypszak, 2011, p. 2).
Basic Obligations of Public Service
The Foundation for Ethical Behavior (Executive Order 12674)
Assuring public confidence encompasses a careful consideration of the ethical standards that public agencies operating under the Federal Government should adhere. The Executive order 12674 constitutes the ethical framework expected from government employees as part of the conditions of public service.
- Employees are prohibited from holding financial interests that are in conflict with performance of duty.
- Non-authorized personnel should not engage in transactions involving finances using non-government information.
- Soliciting or acceptance of any gift of any kind that will influence outcome of official actions
- Employees are not in any circumstances involve the agency or represent the agency in any unauthorized private transactions with monetary involvement or for personal gain.
- Employees are not to make commitments or promised beyond their capacity that will bind the government to any private entity.
- Employees are prohibited to disclose classified information to entities outside of the agency’s without proper authorization and representation.
- All employees are encouraged to report acts of fraud, waste, and or corruption to appropriate authorities for investigation and or immediate action.
- Employees should avoid actions that will require their appearance before the court for violating the Standards of Ethics Conduct for Employees of the Executive Branch (5 C.F.R. Part 2635), DOI supplemental ethics regulations, or Executive Order 12674).
Mitigating Procedure
In any event that an employee was involved in any of the violations of ethical standards stated above, as a supervisor the below procedures must be followed to ensure observance of proper due process.
Allegations of violation should be accompanied by an incident report in which the supervisor will conduct initial investigation to obtain evidence that will justify the substantiality of the case being reported. The next step in the process is to give notice of the case to all that are involved and provide them an opportunity to explain their side of story in writing within the next 24 hours (Szypszak, 2011, p. 47-51). After reviewing the written explanation from the defendants, the next step in the process is schedule a date for the hearing with written notice provided to the defendants of the hearing time and venue.
The decision can be delivered after due consideration of the evidences presented and testimonies of the witnesses and the accused. Sanctions being serves have to be approved by the manager and before decisions can be made, the department manager should make sure that the entire due processes were being followed. In the event that the case encompasses critical legal concerns, it would be best to seek counsel of the agency’s legal advisor.
Employee Rights
Supervisors are expected to be aware of the employee’s rights in the workplace outlined below;
Basic Leave Entitlements
Eligibility Requirements
Leave entitlements are subject to employee eligibility, which the law also stipulates that employees must at least completed tenure of 12 months or a total of 1,250 hours of service rendered and at least 50 of the employees are residing within 75 miles from the place of work.
Employee Responsibilities
Employees availing of the paid leaves should provide adequate information that justifies their need for absence and anticipated leaves should be made notice to the supervisor at least 30 days if possible. The management reserves the right to deny leave application when deemed necessary and if the said leaves would potentially affect the agency’s core functions and or if the absence of the employee would cause impediment to the agency’s operation (law.cornell.edu, N.D., b). On the other hand, the agency management should act accordingly as prescribed by the law wherein unjustified denial of the employees’ rights to the said entitlements.
Enforcement
Employees reserve the rights to file complaints of alleged violation of the agency to the U.S. Department of Labor or reserve the right to bring a private lawsuit against the agency in pursuant to FMLA section 109 (29 U.S.C. § 2619) (dol.gov, 2013).
Policies and Procedures
Request for leaves is the right of every employees and no member of the management and or the supervisor has the right to deny such right as stated by the law (law.cornell.edu, N.D. a). However, such request applies statutory conditions that employees need to justify such as additional education, attendance to an important meeting or convention, transfer or temporary service to affiliate agencies, additional education, and immediate care for relatives. In addition, the executive management may also grant special leave request with pay for employees attending developmental engagements that is expected to render beneficial terms for the agency. The department head, or in this case supervisors is responsible in receiving leave requests and make initial evaluation before submitting to the Human Resources department for approval. Special leave cases on the other hand, will require the supervisor to contact his/her manager to submit proper documentation and acquire approval.
References
Hayden, M. A. (1999). The industrial front-line supervisor and work place laws related to civil rights. Journal of Industrial Technology, 15(1), 1-8. Retrieved from http://www.atmae.org/jit/Articles/hayd1198.pdf
Law.cornell.edu. a (n.d.). Rule 8003. Leave to Appeal | Federal Rules of Bankruptcy Procedure | LII / Legal Information Institute. Retrieved November 28, 2013, from http://www.law.cornell.edu/rules/frbp/rule_8003
Law.cornell.edu. b. (n.d.). 28 USC § 158 - Appeals | Title 28 - Judiciary and Judicial Procedure | U.S. Code | LII / Legal Information Institute. Retrieved November 28, 2013, from http://www.law.cornell.edu/uscode/text/28/158
Reskin, B. F., & Padavic, I. (2005). Sex, Race, and Ethnic Inequality in United States Workplaces. Symb Interact. doi:10.1007/0-387-36218-5_16
Szypszak, C. (2011). Chapter 1: What is law. In Understanding law for public administration (pp. 1-26). Sudbury, Mass: Jones and Bartlett Publishers.
Szypszak, C. (2011). Chapter 3: Due process, equal protection, and civil rights. In Understanding law for public administration (pp. 49-71). Sudbury, Mass: Jones and Bartlett Publishers.
United States. Congress. House. Committee on Rules (2007). Providing for consideration of the bill (H.R. 2831) to amend Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973 to clarify that a discriminatory compensation decision or other practice that is unlawful under such acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes: Report (to accompany H. Res. 579). Washington, D.C: U.S. G.P.O.
United States. Office of Government Ethics (1992). Standards of ethical conduct for employees of the Executive Branch: Final regulations issued by the U.S. Office of Government Ethics, to be codified at 6 C.F.R. Part 2635 [civil service, public administration, professional]. Office of Government Ethics.
United States. President (2001-2009 : Bush) (2007). An agreement between the United States of America and the Kingdom of Sweden on social security: Communication from the President of the United States transmitting a supplementary agreement between the United States of America and Sweden on social security signed in Stockholm on June 24, 2004, pursuant to 42 U.S.C. 433(d)(1). Washington: U.S. G.P.O.
WHD (2013). Employee rights and responsibilities under the family and medical leave act (1420). Retrieved from dol.gov website: http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf
