What is the Ethics Officer in the Public Service?

Every public official is subject to the following general obligations:

• Perform his duties with dignity, impartiality, integrity and probity
• Respect an obligation of neutrality in the performance of his duties
• Exercise its functions in accordance with the principle of secularism. As such, the public official shall refrain from expressing his religious opinions
• Treat all people equally and respect their freedom of conscience and dignity
• To devote the whole of his professional activity to the tasks entrusted to him, except in the case of a authorized activity
• Ensure that situations of conflict of interest in which they are or may be in are prevented or stopped immediately. A conflict of interest is any situation of interference between a public interest and public or private interests which may influence or appear to influence the independent, impartial and objective exercise of the functions of the public official
• To comply with an obligation of professional secrecy, i.e. not to reveal secret information of which he has knowledge by reason of his profession (except in cases where the law requires or authorizes the disclosure of secrecy)
• Exercise professional discretion with respect to all facts, information or documents of which he or she is aware in the exercise or performance of his or her duties
• Respond to requests for information from the public (subject to the obligations of professional discretion and secrecy)
• Be responsible for the execution of the tasks entrusted to him, regardless of his rank in the hierarchy
• Comply with the instructions of his superior, except where the order is manifestly unlawful and likely to seriously compromise a public interest
• Inform the public prosecutor without delay of any crime or offense of which he is aware in the performance of his duties and transmit to this magistrate all information, minutes and acts relating to this crime or offense
• Declare in a complete, accurate and sincere manner his property situation when he occupies a job subject to such a declaration.

An ethics officer shall be appointed in the following administrations:

• State administrations, independent administrative and public authoritiespublic establishments of the State and public industrial and commercial establishments to which public servants are assigned in application of special legislation
• Local authorities and public institutions under it
• Public health facilities.

The duties of ethics reference may be performed by one or more persons who are or have been subject to the administration, authority, territorial authority or institution concerned.

They may also be provided by a college whose composition and powers are laid down by an order of the head of department. This college may include persons from outside the administration concerned or the civil service. They are chosen because of their particular competence or experience deemed useful for the implementation of the duties of the ethics referent.

With the exception of persons outside the civil service, ethics officers shall be chosen from among judges and civil servants, in active or retired employment, or from among contract staff in DTA: titleContent.

The appointment of the ethics officer and the information necessary to contact him shall be communicated to the staff by any means by the head of department.

The ethics officer is subject to an obligation of professional secrecy and discretion.

Where an official intends to set up or take over a company, the administration may seek the opinion of the ethics officer if it has serious doubts as to the compatibility of the proposed activity with the functions performed during the previous 3 years.

The same applies when a staff member intends to go to work in the private sector on temporary or permanent termination of employment.

A public official may report a conflict of interest situation to the ethics officer. The ethics officer can then provide the persons concerned with advice to put an end to this conflict.