ALS Ice Bucket Challenge. What are your thoughts?

SMSgt Floyd Parton died this time last with ALS... one of my best friends ever.

Personally, I have no desire to have a bucket of ice water dumped on me. Regardless of the cause.

Given that the Office of the General Counsel has issued an edic that we are not allowed to do so in uniform because it would raise ethics questions (endoresement of ALS) I feel they have gone too far.

OGC is speaking out of both sides of their mouths about what we can and cannot do.

One warning - not in uniform or official capacity ... only as an individual

Here's the message that came out from the OTJAG
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Please disseminate this message to subordinate SJAs and ethics counselors.

It has come to our attention that Army personnel have participated, in their official status, in the ALS "Ice Bucket Challenge." However well-intentioned, this is an impermissible endorsement of a non-federal entity. If a Command has already publicized its participation in the ALS Ice Bucket Challenge, either through posting on Youtube and/or its installation website, the OSJA should take immediate corrective action. OSJAs should also make their PAO aware of the issue.

The Standards of Conduct and the Joint Ethics Regulation (JER) are clear concerning such activities. An officer or employee may not use his or her Government position or title or any authority associated with his or her public office in a manner that could reasonably be construed to imply that the Government sanctions or endorses the employee's personal activities or those of another. 5 CFR 2635.702(b).

Absent statutory authority to promote products, services or enterprises, an employee is also prohibited from using or permitting the use of his or her Government position or title or any authority associated with his or her public office to endorse any product, service or enterprise. 5 CFR 2635.702(c); JER 3-209.

An employee may only engage in the raising of funds for a nonprofit organization in an official capacity where the employee is authorized to engage in the fundraising activity as part of his or her official duties. 5 CFR 2635.808. The JER, at paragraph 3-210, makes it clear that (with very limited exceptions) DoD employees shall not officially endorse or appear to endorse membership drives or fundraising for any non-federal entity.

Fundraising done by Government employees in their personal capacities should not use official time, resources or personnel in connection with the activity, nor should the individual's official title, authority or command be invoked in connection with the personal fundraising efforts. In addition, employees engaged in personal fundraising may not personally solicit funds from a subordinate or from any other person known to the employee to be a prohibited source. 5 CFR 2635.808(c); JER 3-300.

The "Ice Bucket Challenge" is a fundraising/awareness campaign promoted by a nonprofit organization - the ALS Association ( http://www.alsa.org ) - that has already increased their donations by over $10 million. This success will surely create similar campaigns by other charities.

Participation by Army personnel in fundraising events of this type must be carefully vetted with an eye to the applicable authorities, including those cited above.

This e-mail was sent to SJAs, CJAs, Chief Counsels, and ethics counselors of ACs, ASCCs, DRUs, and certain FOAs using a PP&TO list. It was not sent using an Ethics Counselor distribution list. Please send e-mail updates to PP&TO.

Please have all questions from the field directed thru SJA or ethics counselor channels to higher headquarters legal offices. Field ethics counselors in your subordinate offices should not contact OTJAG directly, but should always coordinate questions with the ethics counselors of ACs, ASCC, DRUs, and FOAs.