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United States Office of Government Ethics, Preventing Conflicts of Interest in the Executive Branch

All Advisories for 1992

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(Legal) DA-12-24-92: Gift thresholds on financial disclosure reportspdf
OGE reminds agencies that the recent changes to the gift thresholds are not reflected on the public financial disclosure form. OGE is revising the form to reflect the current thresholds.


(Legal) 92x28: Exception to the One-Year Representational Bar ("Cooling-Off Period") of 18 U.S.C. § 207(c)pdf
Eligible former senior employees may engage in representational activities before a component of their former department or agency if that component has been designated by the Director of OGE pursuant to 18 U.S.C. § 207(h) as a separate agency or bureau within the department or agency.


(Legal) 92x25: Waivers Pursuant to 18 U.S.C. § 208(b)(3) for Members of Advisory Committeespdf
Pre-meeting activities, such as reviewing written materials, by advisory committee members in preparation for a meeting might rise to the level of personal and substantial participation under 18 U.S.C. § 208(a). Waivers under 18 U.S.C. § 208(b)(3) must be granted prior to such participation by an advisory committee member.


(Legal) 92x26: Exclusion of Complimentary Newsletter Subscriptions from the Definition of "Gift"pdf
A free subscription to a newsletter that is offered to all Federal employees is excluded from the definition of "gift" found at 5 C.F.R. § 2635.203.


(Legal) 92x27: Issues Arising from Loan to Superior from Subordinatepdf
Loans between superiors and their subordinates are to be discouraged. Because of the debtor-creditor relationship, the subordinate would be a person with whom the superior would have a "covered relationship" within the meaning of 5 C.F.R. § 2635.502(b)(1).


(Legal) DA-11-04-92: 1990-91 Conflict of Interest Prosecution Surveypdf
1990-91 Conflict of Interest Prosecution Survey


(Legal) DA-10-20-92: Additional guidance on confidential financial disclosurepdf
OGE discusses the filing cycle for confidential financial disclosure (Oct 1 through Sep 30), the filing of the form by special Government employees, the designation of positions as filing positions, and several other issues.


(Legal) 92x24: Applicability of the Honoraria Ban to Compensation for Participation as Panelist at Symposiumpdf
The honoraria ban applied to an employee who gave a ten-minute speech as a panelist at a symposium. [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) 92x23: Solicitation and Acceptance of Funds from Prohibited Sourcespdf
The Standards of Conduct prohibit a Federal employee from soliciting funds or services from representatives of companies doing business with the Federal Government and using those funds for purposes of the private organization.


(Legal) DA-09-03-92: Developing written procedures for the public and confidential financial disclosure systemspdf
Agencies are required to develop written procedures for reviewing, collecting, and evaluating the public and confidential financial disclosure systems.


(Legal) DA-08-25-92: New confidential financial disclosure form (SF 450)pdf
OGE announces that OMB and GSA have approved the new confidential financial disclosure form (SF 450).


(Legal) 92x22: Charitable Contributions Made on Behalf of Federal Employeespdf
A charitable contribution made on behalf of a Federal employee may not qualify as a gift if it were made as part of a settlement. However, individual circumstances must be evaluated to determine whether such a contribution is consistent with the Standards of Ethical Conduct prohibiting gifts from outside sources.


(Legal) 92x21: Interpretation of Honoraria Ban's Exemption for a "Series" of Articlespdf
A series of articles produced in a magazine is excluded from the honoraria ban only if each article, of at least three, is intended to be part of a series and not a stand-alone piece. [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) 92x20: Definition of "Senior Employee" and "Very Senior Employee"pdf
OGE discusses the methodology of determining whether a person falls within the statutory definition of "senior employee" or "very senior employee" for the purposes of 18 U.S.C. § 207(c)-(d).


(Legal) 92x19: Receipt of Outside Payment by Covered Employee from a Practice Involving Fiduciary Relationshipspdf
A noncareer member of the Senior Executive Service was deemed to have taken compensation from an outside position that involved a fiduciary relationship in violation of 5 U.S.C. app. § 502 and 5 C.F.R. § 2636.303(b) when he received payments from his medical practice while serving as a public official.


(Legal) 92x18: Applicability of the Honoraria Ban to Compensation for Part-Time Teachingpdf
OGE discusses the application of the honoraria ban to a District of Columbia employee who received payment for appearances made as a legal educator that did not involve his official duties. [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) 92x17: Application of the "Seeking Employment" Restriction to "Blind" Employment Searchespdf
OGE discusses whether a senior Government employee could preclude conflict of interest questions under the "seeking employment" restriction by giving his resume to an employment search firm and asking that it not disclose to him the identity of those to whom the resume has been distributed.


(Legal) DA-04-09-92: Publication of new regulation on public and confidential financial disclosure and new standard form for confidential financial disclosurepdf
OGE summarizes the changes to the public financial disclosure system and to the qualified trust program which the new interim regulation implements. OGE also highlights the differences between the public financial disclosure system and the new confidential system.


(Legal) 92x16: Designation of Charity to Receive Payment Subject to the Honoraria Banpdf
OGE advises on whether an individual can evade violating the honoraria ban by diverting funds to a third-party charitable organization. [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) 92x15: Definition of "Procurement Official"pdf
Authority to render opinions about who is and who is not a "procurement official" is specifically given to designated agency ethics officials or their delegatees by 41 U.S.C. § 423(k), not OGE.


(Legal) 92x14: Certificates of Divestiture for "Eligible Persons" other than Filerpdf
Certificates of Divestiture are available to parties who qualify as "eligible persons" under the Internal Revenue Code. Such certificates were not intended to be generally available to trustees of a trust which is eligible under the code section, but rather were intended to be available only where all alternative remedies were impracticable.


(Legal) 92x13: Frequent Flyer Milespdf
The GAO regulations determining that frequent flyer miles received by employees during official travel are agency property do not conflict with OGE's previous advice concerning the acceptance of gifts. [The guidance in this advisory regarding retention of frequent flyer miles is no longer applicable, see Section 1116 of Public Law 107-107, December 28, 2001 and 41 CFR 301-53.]


(Legal) 92x12: Remedies for Resolving Conflicts of Interestpdf
A federal employee who owns stock in a company that creates a conflict of interest under 18 U.S.C. § 208 may divest the stock or request a recusal, reassignment, or waiver.


(Legal) 92x11: Timing of Request for Certificates of Divestiturepdf
Certificates of divestitures are not available for previously divested investment holdings, but rather must be sought from OGE prior to the sale of such holdings.


(Legal) 92x10: Appeal and Review of Agency Decisions Concerning the Granting of Waiverspdf
Where an agency has determined that an employee has a conflict of interest under 18 U.S.C. § 208 with the outside employment of his/her spouse, and has determined not to grant the employee a § 208(b)(1) waiver, OGE is not statutorily enabled to hear appeal or review of the employing agency’s discretion decision.


(Legal) 92x8: Post-Government Representations Back to the Former Employee's Agencypdf
An attorney who was a Federal employee is not restricted from representing a union in litigation against his former agency on a particular matter on which he did not participate personally and substantially. [The employee terminated employment prior to January 1, 1991 and was subject to the former version of 18 U.S.C. § 207.]


(Legal) 92x9: Employee Acceptance of Hospitality Items from Moving Companiespdf
The acceptance of hospitality gifts by non-GSA employees must be determined on an agency-by-agency basis taking into account the possibility of appearances of impropriety.


(Legal) 92x7: Non-Monetary Honorary Awardspdf
The incidental presentation of two non-monetary honorary awards by a university to Federal employees was unlikely to violate the gift regulations that were found in the new proposed Standards of Ethical Conduct at 5 C.F.R. part 2635. [cited former 5 C.F.R. part 735]


(Legal) 92x6: Application of 18 U.S.C. § 209 to Congressionally Mandated Payments during Union Activitypdf
When Congress has specifically provided that the Federal Government must continue to pay employees their usual Government salaries during the time they are engaged in union activities, those employees should be considered "on the job" for purposes of pay and compensation. Any additional payments made by outside sources would violate 18 U.S.C. § 209.


(Legal) 92x5: Effect of Amendments to the Honoraria Banpdf
The amendment at 5 C.F.R. § 2636.203(a)(13) sets out specific requirements about the timing of payment for a series of speaking engagements. The amendment is not retroactive. [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) 92x4: Applicability of the Honoraria Ban to Compensation for Writing Scripts for Television Showpdf
The honoraria ban does not apply to works of fiction, poetry, lyrics, or scripts. [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) 92x3: Gift Issue Regarding Spouse's Financial Relationshipspdf
Under the circumstances described, the payment for utility services by an occupant (a Government contractor) of her husband's residential property did not constitute a gift.


(Legal) 92x2: Limitations on Federal Employee's Proposed Publicationpdf
OGE discusses what rules an agency attorney might violate in publishing a booklet. Questions arise as to whether the provided information discloses non-public information and the possible effect on official duties. (Cites former 5 C.F.R. Part 735)


(Legal) 92x1: Honoraria Ban and Cash Award for a Research Paperpdf
The award of a prize for winning a competition does not fall within the meaning of a payment for an appearance, speech or article. [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).]