NSA Moonlighting Problem

The subject of this blog entry is examined at this link.

The government faces a talent pay problem.  Private employment is competitive and people vote for where they will work with their feet.  Government pay is fixed by the grade level of employment.  Military pay levels for enlist or officers, civil service pay level for GS employees.  There is some room for increased government pay based on specialty/bonus but that room for magnitude of application is limited in special cases.

In a situation where the government requires a government employee to perform a special job that only a government employee can perform, that cannot be contracted out at a higher price for some reason, the government is between a rock and a hard place when the person required for that particular job assignment by unique ability, position or other factor can get substantially more in the private sector for their skills.

One way around the rock and hard place and limit on the government to pay private sector compensation is for the government to pay a single uniquely required individual for two job positions for the hours worked in one position.  That is by law illegal.  Made illegal because it was done when it was not illegal at some point in time when it was discovered to be done.

Moonlighting implies that there is a day job for the government and then an independent night hour job in the private sector.  Could the government pay the same person for employment in two government positions if they entailed different hours of performance?  I don't know.  Different hours are the key that would limit the usefullness and attraction of such a job to the employee.  It becomes the same as overtime.

What if a critical, absolutely must have on the government payroll employees due to exclusive government needs were paid by a private sector employer for the same hours worked on government time if the government can't legally pay for the same hours worked on two different government position descriptions by a single employee?

The private sector employer might be considered very patriotic to pay a government employee for their work performed for the government!

Maybe not so patriotic if that private sector enterprise was receiving a ton of government contract money!

The big question is:  Are the hours worked by an individual government employee also employed by a private sector company, related or not to the nature of work performed by the government mutually exclusive to government work hours?  detatchment of private sector pay from hours worked through "consulting fees" laundering government money through the private entity might be a way around this and more appropriate to "top level" positions.      All with the "understanding" of those involved.

Funneling laundered government money through a private enterprise entity is one step removed from the government paying a single employee twice for two different jobs for the same hours worked is consequently equally illegal.

Setting up the situation to be "necessary" only requires the compliance or control of those involved in the setup.  If it involves secret operations then the whole thing takes place in the secrecy domain of "dark" ops.  Those involved do it because "it must be done" and those that make the letter of the law would understand if they knew that the situation was one of vital national interest to protect the United States.

As a military officer I believed that the mere perception of wrongdoing was the high bar set for professional performance to be observed as a rule applying to the performance of my duties and judgment responsibilities demanding the highest standards of conduct.