Legal Advisories
The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/13/2007
07x15: Elements of Basic Pay for Purposes of Senior Employee Determinations
Locality pay is excluded from an employee's rate of basic pay for purposes of determining whether an employee is a senior employee under the criminal post-employment statute 18 U.S.C. § 207(c).
12/05/2007
DO-07-047: Widely Attended Gatherings
This comprehensive memorandum provides guidance on what types of events are covered by the widely attended gathering exception to the gift prohibitions in the Standards of Conduct.
12/05/2007
07x14: Widely Attended Gatherings
This comprehensive memorandum provides guidance on what types of events are covered by the widely attended gathering exception to the gift prohibitions in the Standards of Conduct.
09/25/2007
DO-07-035: Suggested Format for Requesting a Certificate of Divestiture
OGE has prepared a format for ethics officials to use in requesting Certificates of Divestiture for their employees. Use of the format is optional.
08/27/2007
DO-07-030: 2006 Conflict of Interest Prosecution Survey
2006 Conflict of Interest Prosecution Survey
08/20/2007
07x13: Determining the Public Financial Disclosure Requirements for Non-Standard Pay Systems
Agencies with alternative pay systems should continue to designate executive-level employees as public filers if the lowest pay for their grade or range is equal to or greater than 120 percent of the minimum rate of basic pay payable for a GS-15. Seeking an equal classification is an option for other employees.
08/20/2007
DO-07-029: Determining the Public Financial Disclosure Requirements for Non-Standard Pay Systems
Agencies with alternative pay systems should continue to designate executive-level employees as public filers if the lowest pay for their grade or range is equal to or greater than 120 percent of the minimum rate of basic pay payable for a GS-15. Seeking an equal classification is an option for other employees.
08/14/2007
DO-07-026: Summary of the Provisions of the "Honest Leadership and Open Government Act" (S.1) that Affect the Executive Branch Ethics Program
The bill extends the cooling off period for very senior executive branch employees from one year to two and adds a criminal penalty for knowing and willful falsification or failure to report required information on a financial disclosure form.
08/06/2007
DO-07-024: Opinion of Office of Legal Counsel on the Emoluments Clause and Service Advisory Boards
Where members of an advisory board are given access to classified information solely to help them perform their advisory function, this access alone does not constitute a delegation of Governmental, sovereign authority that would result in their advisory board service falling under the restrictions of the Emoluments Clause.
08/03/2007
07x12: Training Services and the Intent to Influence under 18 U.S.C. § 207(c)
OGE discusses whether communication and appearances made during the performance of a training contract by a former senior official subject to 18 U.S.C. § 207(c) may involve the intent to influence on behalf of the contractor.
08/01/2007
DO-07-023: Misuse of Federal Position to Help Another Person Get a Job
This memorandum outlines several factors that an executive branch employee should consider in deciding when it is appropriate to assist an associate, either another Government employee or a private party, in efforts to obtain private sector employment.
08/01/2007
07x11: Misuse of Federal Position to Help Another Person Get a Job
This memorandum outlines several factors that an executive branch employee should consider in deciding when it is appropriate to assist an associate, either another Government employee or a private party, in efforts to obtain private sector employment.
07/31/2007
07x10: Component Designations
OGE responds to whether certain positions in an executive branch agency may rely on component designations for purposes of the post-government employment "cooling off" period at 18 U.S.C. § 207.
07/19/2007
DO-07-022: Presidential Recess Appointees — Modification of OGE Process
OGE will perform the final review and certification of recess appointees’ annual and termination public financial disclosure reports and will also track compliance with recess appointees’ ethics agreements.
07/12/2007
DO-07-019: Expert Witness Outline
OGE prepares an outline of cases and issues pertaining to expert witnesses and the relevant ethical restrictions.
06/28/2007
07x9: Do Ethics Laws and Regulations Apply to Personal Service Contractors?
OGE provides a general overview of the issues related to determining whether a personal service contractor is an executive branch employee subject to the Standards of Conduct.
06/28/2007
07x8: Executive Branch Employee Acceptance of Reimbursement of Travel Expenses and Training from an Outside Source
OGE provides general guidance on acceptance of reimbursement of travel expenses and training by executive branch employees provided by a non-profit speakers bureau.
05/17/2007
DO-07-015: Immigration Support Letters and 18 U.S.C. § 205
Generally, a Federal employee who writes an immigration support letter and submits the letter to an arm of the Federal Government would not normally be ""act[ing]as agent or attorney"" for another within the meaning of 18 U.S.C. § 205.
05/17/2007
07x7: Immigration Support Letters and 18 U.S.C. § 205
Generally, a Federal employee who writes an immigration support letter and submits the letter to an arm of the Federal Government would not normally be ""act[ing]as agent or attorney"" for another within the meaning of 18 U.S.C. § 205.
05/16/2007
DO-07-014: Guidance on Electronic Filing of Public and Confidential Financial Disclosure Reports
Although each agency may undertake the development of its own electronic filing process to use with either the public (SF 278) or confidential (OGE Form 450) reporting system, each agency must follow some basic guidelines.
05/04/2007
DO-07-013: Agency Supplemental Regulations
OGE requests that agencies review their supplemental regulations to determine if any new or additional restrictions on prohibited holdings need to be added.
03/09/2007
07x6: Acceptance of Cash Award from Program Administered by Non-Federal Entity
OGE provides guidance on whether receipt of cash awards by Government employees under an awards program administered by a non-federal entity is permissible under the gift rules.
02/28/2007
DO-07-007: Clarification of Scope of Exception and Exclusion to Public Financial Disclosure Reporting Requirements
Travel reimbursements that are required to be reported to the Federal Election Commission (FEC) because they are for a Federal campaign or election are not required to be reported on public and confidential financial disclosure reports.
02/28/2007
07x5: Clarification of Scope of Exception and Exclusion to Public Financial Disclosure Reporting Requirements
Travel reimbursements that are required to be reported to the Federal Election Commission (FEC) because they are for a Federal campaign or election are not required to be reported on public and confidential financial disclosure reports.
02/23/2007
07x4: Waivers under 18 U.S.C. §§ 208(b)(1) and (b)(3)
This memorandum provides guidance on issues that Designated Agency Ethics Officials should consider when deciding whether to grant a waiver under 18 U.S.C. §§ 208(b)(1) or (b)(3).
02/23/2007
DO-07-006: Waivers under 18 U.S.C. §§ 208(b)(1) and (b)(3)
This memorandum provides guidance on issues that Designated Agency Ethics Officials should consider when deciding whether to grant a waiver under 18 U.S.C. §§ 208(b)(1) or (b)(3).
02/22/2007
DO-07-005: Opinion of Office of Legal Counsel on SGE Day-Counting
The Office of Legal Counsel, Department of Justice, issued an opinion reaffirming the longstanding executive branch interpretation that service by a special Government employee for part of any day counts as service for a full day, for purposes of relevant limits on the number of days of service under the conflict of interest laws.
02/22/2007
07x3: Opinion of Office of Legal Counsel on SGE Day-Counting
The Office of Legal Counsel, Department of Justice, issued an opinion reaffirming the longstanding executive branch interpretation that service by a special Government employee for part of any day counts as service for a full day, for purposes of relevant limits on the number of days of service under the conflict of interest laws.
02/09/2007
DO-07-003: Valuation of Gifts of Admission to an Event in a Skybox or Private Suite
The value of a gift of attendance in a skybox or private suite is determined by adding the market value of the most expensive publicly available ticket to the event to the market value of the food, parking and other tangible benefits provided in connection with the gift of attendance.
02/09/2007
07x2: Valuation of Gifts of Admission to an Event in a Skybox or Private Suite
The value of a gift of attendance in a skybox or private suite is determined by adding the market value of the most expensive publicly available ticket to the event to the market value of the food, parking and other tangible benefits provided in connection with the gift of attendance.
01/19/2007
DO-07-002: Counting Days of Service for Special Government Employees
OGE clarifies the conditions under which an agency need not count a day of service solely on the basis of certain activities by special Government employees.
01/19/2007
07x1: Counting Days of Service for Special Government Employees
OGE clarifies the conditions under which an agency need not count a day of service solely on the basis of certain activities by special Government employees.