All Advisories for 1995
(Legal) DO-95-045: Effect of Pay Raise on Senior Post-Employment Restrictions
If the rate of basic pay for Senior Executive Service (SES)-type positions is increased, many employees in SES and similar positions will be "Senior Employees" for purposes of the one-year post-employment bar in 18 U.S.C. § 207(c). [Note: Executive Order 12834, referenced in this DAEOgram, has been revoked.]
(Legal) DO-95-043: Financial Disclosure Guidance
OGE answers several questions about the public and confidential financial disclosure systems, such as using official time to complete the forms and public access to completed SF 278s.
(Legal) 95x14: Uncompensated Service on Board of Directors
An agency's general counsel who has been asked to serve as an uncompensated member of the board of directors of a nonprofit advocacy group musts comply with the restrictions in 5 U.S.C. app. 4 § 502(a)(2).
(Legal) 95x13: Agency Holiday Parties
This memorandum discusses whether there was a violation of 5 C.F.R. part 2635 when an agency employee distributed a flyer inviting employees to an agency Halloween party.
Retracted in March 1997.
(Legal) 95x12: Former Employee's Representation of Current Employee Before the Agency in an EEO Complaint
If an individual served (while a current Government employee) as a representative in an EEO complaint pursuant to the exception at 18 U.S.C. § 205(d), he should not be deemed to have "participated" in the complaint "as such officer or employee" within the meaning of 18 U.S.C. § 207(a)(1).
(Legal) DO-95-032: Exemption from 18 U.S.C. § 208 for Interests Arising from Federal Government Employment or from Social Security or Veterans' Benefits
OGE issues an interim rule establishing an exemption from 18 U.S.C. § 208 for an employee's interest in his Government salary and his interest in Social Security or veterans' benefits.
(Legal) DO-95-030: Confidential Financial Disclosure Update
OGE updates agencies on initiatives to improve the confidential financial disclosure system.
(Legal) 95x10: Privatization and the Conflict of Interest Statutes
OGE discusses the issues that arise for executive branch employees participating in privatizing Government functions. Issues arise under the Procurement Integrity Act and under the conflict of interest statutes in Title 18 of the U.S. Code.
(Legal) 95x9: Outside Earned Income Ban and Royalties
OGE discusses the background of the earned income ban, the meaning of "earned income," and several questions related to the honoraria ban in 5 U.S.C. app., § 501(b). [Note: The honoraria ban was subsequently held unconstitutional by the U.S. Supreme Court in U.S. v. National Treasury Employees Union
, 513 U.S. 454 (1995).]
(Legal) 95x8: Proposed Agreement between Government Agency and Former Employee's Nonprofit Organization
Multiple ethics and non-ethics issue arise when a former Government employee proposes to have a nonprofit organization which he founded enter into an agreement with his former agency to coordinate the agency's anniversary celebration.
(Legal) DO-95-026: Sanjour v. Environmental Protection Agency
The U.S. Court of Appeals for the District of Columbia Circuit sustains a First Amendment challenge to a portion of 5 C.F.R. § 2635.807, the section within the Standards of Conduct entitled "Teaching, speaking, and writing."
(Legal) 95x7: Agency Authority under 5 C.F.R. § 2635.604(d)
An agency has the authority, not subject to review by OGE, to determine that an employee must take leave in order to pursue private employment opportunities if it decides that the employee's disqualification would materially impair his ability to do his Government job.
(Legal) 95x5: 18 U.S.C. § 208, 401(k) Plans, and Appearance of Impartiality
OGE analyzes whether an employee has a financial interest in a former employer (a law firm) that will be affected directly and predictably by his investigation of a company that is related to another company that was a client of the firm. OGE also addresses appearance concerns.
(Legal) 95x6: Individuals Eligible for Certificates of Divestiture
OGE has authority to issue Certificates of Divestiture under the provisions of section 1043 of the Internal Revenue Code only to "eligible individuals." State employees and resident relatives of Federal employees are not "eligible individuals."
(Legal) DO-95-020: Draft revision to confidential financial disclosure report form (SF 450)
OGE describes proposed changes to the SF 450.
(Legal) 95x4: Limits on Use of Government Property
Once an employee has brought alleged fraud to the attention of the appropriate authorities for their investigation, there can be no necessity for ongoing unauthorized use of Government resources by the employee to conduct an independent investigation.
(Legal) 95x3: Attachments to the Confidential Financial Disclosure Form
The confidential financial disclosure regulations permitted filers to attach a spreadsheet containing the required information to the SF 450, as long as the information is presented in a clear, concise and understandable manner.
(Legal) DO-95-019: Confidential financial disclosure and special Government employees serving in a position for more than one year
OGE allows agencies to collect follow-on new entrant reports simultaneously once each year for all its term SGEs or for groups of term SGEs such as specific advisory committees rather than on the anniversary of the appointment.
(Legal) 95x2: Application of 18 U.S.C. § 205
This responds to your letter dated January 13, 1995, in which you requested written advice from this Office on whether you and a member of your staff could continue your representation of a former [agency] employee in a security access eligibility proceeding before [a] Department.
(Legal) DO-95-011: Effect of Supreme Court Decision about Honoraria Ban
The U.S. Supreme Court held that the honoraria ban in the Ethics in Government Act violates the First Amendment rights of the persons on whose behalf the case was brought. OGE notes that employees continue to be subject to other statutory and regulatory provisions that restrict their ability to accept honoraria under certain circumstances.
(Legal) DO-95-008: Agency Supplementation of New Standards of Ethical Conduct and Revocation of Superseded Old Standards
OGE updates departments and agencies on supplemental standards regulations. OGE also requests the cooperation of agencies in completing the process of revocation of superseded portions of their old standards of conduct.
(Legal) 95x1: Conflict of Interest Issues Raised by Spouse's Position as Partner in Law Firm
OGE addresses issues arising under 18 U.S.C. § 208 when the spouse of the Government employee is a partner in a law firm. The spouse's clients include major institutions, some of which appear before the employee's agency.
(Legal) DO-95-005: Improving the Confidential Financial Disclosure System
OGE updates agencies on its assessment of the need for improving the confidential financial disclosure system.
(Legal) DO-95-003: 1993 Conflict of Interest Prosecution Survey
1993 Conflict of Interest Prosecution Survey
(Legal) DO-95-002: Revised SF 278, Public Financial Disclosure Form (1994 Edition)
OGE issues the June 1994 edition of the Public Financial Disclosure Form (SF 278) and summarizes the changes to the form.