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  •   over 10 years ago

Eligibility

An entrant may not be a Federal entity or Federal employee acting in the scope of the employee’s employment. Does this mean a Federal Employee who is a web developer according to their position description (PD) is ineligible?

  • 7 comments

  •   •   over 10 years ago

    I work for the VA as a telcom specialist and I am also interested in my eligibility for the contest prize

  • Manager   •   over 10 years ago

    The employee may be eligible if he is acting outside the scope of duties and responsibilities as a federal employee. In some cases, federal employees are permitted to have outside employment and even have their own companies. However, we advise that you consult with your Agency’s Ethics Official for guidance before participating in this contest.

  •   •   over 10 years ago

    Edward,
    So if our local Ethics Official clears us to participate in this challenge, then we are a go? My position currently deals directly with the scheduling package, however, if I would only work on this project on my personal time, would this create an ethical dilema with my current position?

  •   •   over 10 years ago

    I'm wondering how big the 'scope of the employee's employment' is as well. I work in IT for the VA but this is not in the scope of what I do. I asked about my situation with my Agency Ethics Official and this is what she said:

    "Thank you for contacting the OGC Ethics Specialty Team with your ethics question. You asked if the government wide ethics regulations and criminal conflict of interest regulations would permit you, a Senior IT Analyst for VA, to enter a VA Medical Appointment Scheduling Contest. The rules stated entrants must not be Federal employees acting within the scope of their VA employment.

    The ethics regulations and statutes do not speak to this issue. Prior to doing any work on this contest, I suggest that you consult with the organization who set up the contest to see if they will permit you to enter it. (For your own sake, I will get this determination in writing.) While this may disappoint you, it objectively appears to me that your VA job title leads itself to the appearance that programming and IT of any sort is, in fact, within the scope of your employment. Please note that if the contest organizations rule that you may enter, you cannot use VA non-public information, title, time, resources and equipment to complete the contest. 5 CFR 2635.

    Thank you for seeking VA OGC Ethics Specialty Team guidance. We hope this guidance was helpful. If you have additional questions or concerns please do not hesitate to contact us. It was a pleasure answering your ethics question.

    Edith E. Pleasants
    Attorney/Deputy Agency Ethics Official"

    So...Is it possible to get a more information, or examples, of what would be considered within the scope of eligibility/ineligibility. I would really like to enter this but I don't want to spend a lot of time putting my idea together if it turns out I am ineligible. Thank you. :)

  • Manager   •   over 10 years ago

    From the VA IT Director, Ed Syms:

    I have received many individual questions requesting that I make one-on-one, case-by-case determinations regarding the eligibility for Federal Employees to enter this contest. Please see the dialogue below and review the Update tab for eligibility guidance. Thank you.
    *********************************************************************************

    Ed, please note I have added Don Mobly, my Ethics Team Supervisor, to this e-mail for consistency of national advice. I have also conferred with OGC Attorney Maryam Azarion who agrees with my review.

    In response to your question-No, you are not expected to review individually scope of employment determinations. All contestants must fully follow the stated contest rules. The rules require an entire application package from the entrants. There is no way for you or anyone else to make a proper determination without viewing the entire, completed application package. I am sorry for any confusion my earlier response may have caused.

    Additionally, all contestants should know that they are personally responsible for obeying all the government wide ethics regulations and criminal conflict of interest statutes as well as the contest rules. Our team can give legal advice as needed.

    If you have additional questions or concerns please do not hesitate to contact us.

    Edith E. Pleasants
    Attorney/Deputy Agency Ethics Official
    251 North Main Street
    Winston-Salem, NC 27155
    OGCWestEthics@va.gov
    T: 336-631-5027
    F: 336-631-5041
    BB: 202-370-1147

    From: Syms, Edward
    Sent: Thursday, January 24, 2013 8:48 AM
    To: Pleasants, Edith E.; Azarion, Maryam
    Subject: RE: 44701- VA Medical Appointment Scheduling Contest

    Hi Edith,
    Are you expecting me to make a case-by-case determination prior to submission?
    Ed

    From: Pleasants, Edith E.
    Sent: Thursday, January 24, 2013 6:34 AM
    To: Azarion, Maryam; Syms, Edward
    Subject: RE: 44701- VA Medical Appointment Scheduling Contest

    Mr. Syms, thank you for following up with OGC Ethics Specialty Team regarding my prior advice regarding the VA Medical Appointment Scheduling Contest for VA IT employees.

    Please note that the organizers of the contest will have to determine eligibility. I have no knowledge of each IT person’s full job description. Scope of employment is a term of art and can be used in many different ways. If an issue goes to Federal court the DOJ determines a Federal employee’s “scope of employment” after reviewing VA’s recommendation. DOJ is very conservative. It is my opinion it will find the IT personnel are working within their scope of employment when they are doing IT work of any type, including the contest.

    Regarding the ethics regulations, I find several prohibitions would prevent VA IT employees from entering the contest at issue. VA IT employees entering this contest should be very concerned about the appearance of conflict of interest issues. 5 CFR 2635.101(b)(14). It would appear to a reasonable person that they are being paid extra by an outside source for doing their VA duties. It also appears that they are using their government office for private gain in violation of 5 CFR 2635.702. Furthermore, I do not see how an VA IT person could enter the contest and develop a medical appointment program without using non-public VA information in violation of 5 CFR 2635.703.

    Given the real ethical problems around the event, it is my legal advice that VA IT personnel would likely run afoul the ethics regulations should they enter. I have shared my opinion with Attorney Azarion.

    Thank you for seeking VA OGC Ethics Specialty Team guidance. We hope this guidance was helpful. If you have additional questions or concerns please do not hesitate to contact us. It was a pleasure answering your ethics question.

    Edith E. Pleasants
    Attorney/Deputy Agency Ethics Official
    251 North Main Street
    Winston-Salem, NC 27155
    OGCWestEthics@va.gov
    T: 336-631-5027
    F: 336-631-5041
    BB: 202-370-1147

  •   •   over 10 years ago

    Where can a person learn VistA programming that fits the requirement here?

    Thanks,

    Dr. Ronald Bradshaw

  •   •   over 10 years ago

    The legalese response from Edit E. Pleasants did nothing to clarify the original questions. The wording in the rules is vague (thus this thread having the single most replies of any thread regarding this $9 million potential contest).

    "An entrant may not be a Federal entity or Federal employee acting in the scope of the employee’s employment"

    If the lawyers involved cannot decipher this statement (I would consider a rule a legal statement) how does anyone expect laymen to do so?

    Next time one of your computers malfunctions and you ask an IT person to help, should they tell you that any reasonable person will understand the requirements necessary in order to fix the computer and then walk away from you? Would you feel like they had done their job (or even given any real thought to helping you) or would you instead shake your head and feel like someone who is employed by the Federal government to do a particular job is either under-qualified OR simply does not care?

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