Written by Heather Timmons and Gabriella Porter
WASHINGTON (Reuters) – The top U.S. ethics official charged with preventing conflicts of interest for government employees is about to take office in Washington, as President-elect Donald Trump's new cabinet and other appointees declare their financial assets and prepare for their new jobs.
“We are in contact with the transition team and working with them,” David Heitema said recently when he sat down with Reuters in his first official interview since being sworn into office on December 16. The inauguration will take place on January 20.
The director of the Office of Government Ethics, or OGE, is in the spotlight during any presidential transition, but Heitema faces special challenges ahead of Trump's second term, as he evaluates the myriad business relationships of Trump, his family and advisers, ethics experts say.
Experts pointed to the short and turbulent tenure of Walter Shaub, the last person to hold the position when Trump entered the White House, and noted that several of Trump's recent nominees have expressed disdain for the agencies they would run.
After nine years as the US State Department's chief of ethics, Heitema will lead the Office of Gender Equity's record-breaking task of helping vet dozens of new nominees who have been vetted by the Senate and thousands of political appointees for potential financial and personality conflicts.
If he does his job well, Heitema will likely be fired more or less immediately, Schaub warned in an open letter last month. Heitema told Reuters that he trusts the intentions of most of the newcomers to the government.
He shared his views on teaching ethics and maintaining public trust, but declined to answer specific questions about the incoming administration. He noted that the Ethics Office only deals with potential government employees. This means it will not vet outside advisers such as billionaires Elon Musk and Vivek Ramaswamy, whom Trump has asked to recommend cuts in government spending.
Q: What exactly does OGE do?
A: “The ultimate goal is to ensure that federal employees make decisions based on the national interest and policy priorities of the administration rather than any personal interest and especially financial interest. … OGE itself is a small agency with only about 75 employees, but we work with a team of “About 4,000 ethics officers are distributed, who deal directly with federal employees.”
One important immediate task, he said, will be “with candidate financial disclosure, helping to ensure that nominees for Senate-confirmed positions meet their requirements for full disclosure of their financial interests and arrangements.”
Q: How is the financial disclosure process done with presidential candidates? A: Typically, he said, nominees for top offices fill out reports ahead of time to help the office “identify potential conflicts or steps the nominee might need to take if confirmed, so that all of that information is available to the Senate and officials so they can.” You know what they're getting themselves into.”
Q: What kind of deadlines are there? When should people make these disclosures? A: He said nominees must report “within five days of their nomination… Our goal is to help these new officials, help the Senate and do it as efficiently as possible.”
He noted that “any member of the public can request a copy” of any financial disclosure report submitted to the Gender Equality Office. “The idea is that the public can also help play a role in monitoring conflicts of interest.”
Q: What is the implementation mechanism in the event of a conflict of interest? A: “The issue is not whether there is a conflict in the form itself, but whether any federal employee ultimately engages in an act that conflicts with his or her financial interest.
“The Conflict of Interest Act is a criminal law, so the ultimate solution is prosecution by the Department of Justice. Our role is to help advise employees to avoid this situation…
“We will work with agency ethics officials if we become aware of a potential conflict of interest issue to ensure it is addressed, and ultimately we will work with the Department of Justice as well if necessary.”
Question: As Chief Ethics Officer at the State Department, what lessons have you learned?
A: “Most employees, employees and appointees, want to follow the law, want to act with integrity, and appreciate the assistance that ethics officers provide…” Q: In your testimony before Congress, you said you believe the Office of Equity and Equity can help “struggle against growing cynicism and mistrust.” “Which could undermine our democratic self-government.” Can you explain? A: “We want to make sure that employees… do not act on the basis of personal interests, especially financial interests and personal motives. …
“In practice, federal ethics rules may be more limited in their actual scope than people appreciate, so people's assumptions that there is a specific problem with compliance with federal ethics laws may not be well-founded.
Q: What are some examples of interests that are not large enough to trigger an alarm?
A: “Financial conflict of interest laws…are very precise in their scope. You either have enough stock to create a conflict or you don't.”
Q: Can ethics be taught? For people coming from the business side, interactions are often intentionally centered around “how can I use this to my or my company’s advantage.”
A: “I hope so because there are a lot of ethics training requirements,” he said with a laugh. He agreed that officials coming from the private sector are used to “communication and ‘what can you do to benefit someone so they can in turn benefit you’… It is a challenge to make sure these new officials and employees understand that expectations within the company and government are a little different… “
Q: What happens if the Department of Justice doesn't take ethics laws seriously? Where does this leave you?
A: “Criminal prosecution is one of the extremes, but there is enforcement at the agency level in terms of discipline.”
Q: The president can grant a waiver that exempts someone from conflict of interest laws, right? Is this something the OGE can push back on or advise against?
A: “In some cases the President and agency heads or officials…can grant exceptions” but they must consult with the Office of Gender Equality. Waivers can be granted when “the potential conflict of interest is not viewed as that significant,” he said. “Ultimately the Office of Gender Equality needs to know when a waiver is being issued. It can be made public.”
