This article is the second installment of a three-part series on ethics for federal employees and contractors.

The Metro, in all its constantly-breaking-down, single tracking glory, is a fact of life for countless federal employees and contractors working in the Washington, D.C. area.  Frankly, I sometimes get nostalgic for it now that I live in California.  Then again, I no longer have to deal with the less savory aspects of public transit.  If you live in D.C. you know exactly what I’m talking about.  It’s the guy who rides the bus after a sweaty workout without deodorant or the woman who thinks your metro car needs to hear about salvation today.  They are the kind of annoyances that make you wish you had a car – until you see your buddy circling the block for an hour trying to find that coveted parking spot.

Ah, Washington D.C. life.

Equally a fact of life for all those metro riders is the Metro transit subsidy.  Whether you work for a federal agency or a federal contractor, chances are high that Uncle Sam is directly or indirectly footing the bill for your daily commute.  It’s a nice perk.  But, like any perk, there is always someone who wants to take just a little bit more than that to which they are entitled.  If you hold a security clearance, you need to be careful about being that guy.

Although I’ve yet to see it personally happen, abuse of Metro transit subsidies – whether over-estimating your commute length or continuing to accept a subsidy that should have been turned off after leaving your old job – is an ethical issue that would be of interest to security clearance officials should you be the hapless employee who finally gets nailed for this.  The concern would fall under Guideline J, Criminal Conduct, and place the issue of your integrity right in the crosshairs of whichever agency holds your clearance.  Because security clearance holders are considered to be in a fiduciary relationship with the government, questions about your integrity can be the kiss of death for a cleared career.

The bottom line here is that that extra few bucks you save from being shady is probably not worth the risk to your career.  Don’t let the government catch you “ridin’ dirty”.

 

This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation. 

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Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. He was previously an investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management) and served from 2020-2024 as a presidentially-appointed member of the National Security Education Board. For security clearance assistance, readers may wish to consider Attorney John Berry, who is available to advise and represent clients in all phases of the security clearance process, including pre-application counseling, denials, revocations, and appeals. Mr. Berry can be found at https://www.berrylegal.com/.