How to recruit government workers.

• Author: Elling, Terry L.
• Position: Ethics Corner

* For many government contractors, current and former government employees--including military service members--comprise an experienced and valued source of talent. Government alumni bring to the table knowledge of agency priorities, concerns and requirements.

They also can play a key role in resolving the pressure on both agencies and their contractors to realize greater efficiencies and reduce costs of work performed by contractors. There are a panoply of rules, however, that regulate the hiring of current and former government personnel.

Conflict of interest laws and regulations require a government employee to disclose contacts with potential employers to her supervisor and recuse herself from any agency matters involving the potential employer. These rules restrict and often require the disclosure of any gifts including travel and meals paid for by the prospective employer as part of the interviewing process.

Also, ex-government employees may not "represent" or accept compensation from contractors for one year after being involved, on the government side, in procurement or other actions that affect the contractor.

There are also restrictions on government employees' use and disclosure of nonpublic, government-sensitive information. A host of statutes and regulations prohibit or restrict the release of nonpublic information and impose criminal and administrative liability on unauthorized disclosures of such information acquired during government service.

Violating the law may result in criminal and civil liability for both the former government employee and for the contractor, as well as administrative penalties, including suspension and debarment, and adverse contractual actions such as termination for default, or a finding of ineligibility for future work.

Recruiting current and former government personnel, if undertaken consistent with the rules, however, can be rewarding for both the employee and the contractor. The following is not a comprehensive listing of all of the applicable laws and regulations, but provides a starting point for ensuring a successful and compliant recruiting and retention program, listing some essential "do's" and "don'ts."

First on the "do" list is performing a reasonable level of diligence on candidates who now, or previously, worked with the government. Confirm whether they "personally and substantially" worked in any "particular matter" that may be subject to the lifetime ban on activities on behalf of...