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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
11/24/1997
97x16: Post-Employment Restrictions; Senior Employees; 18 U.S.C. § 207(c)
OGE did not create an exception to 18 U.S.C. § 207(c) for a new director position within an agency because that agency did not provide sufficient evidence to show that the imposition of section 207(c) would cause undue hardship within the meaning of section 207(c)(2)(C)(i).
11/19/1997
97x15: Free Attendance at Gatherings
Discusses whether a board of presidentially appointed federal employees who approve free attendance for the board at gatherings, satisfied the procedural requirements when determining that the agency's interest in attending is outweighed by the risk of impropriety.
10/16/1997
97x13: Fundraising for a Professional Society
Employees may fundraise for a professional society or other nonprofit organization, but they may not personally solicit funds from subordinates or from person known to be "prohibited sources."
09/12/1997
97x14: Waiver of One-Year "Cooling-Off Period"
An agency's proposed waiver of the one-year "cooling-off" period in 18 U.S.C. § 207(c) under 18 U.S.C. § 207(j)(5) was appropriate. [cites former 5 C.F.R. Part 2637]
09/08/1997
97x12: Discussion of 14 Fundamental Principles of E.O. 12674; Development of E-Filing System for Confidential Financial Disclosure
OGE does not have the authority to waive the application of the 14 fundamental principles established by Executive Order 12674 or the implementing regulation at 5 C.F.R. § Part 2635. OGE authorizes a pilot test of electronic filing for confidential financial disclosure system.
08/12/1997
DO-97-029: 1996 Conflict of Interest Prosecution Survey
1996 Conflict of Interest Prosecution Survey
06/26/1997
97x11: Application of Lifetime Representation Bar
Personal and substantial participation by a former employee in preparing damage survey reports barred her from communicating with or appearing before her former agency on behalf of her new employer.
06/25/1997
DO-97-028: Using New OGE Form 450-A
Executive branch departments and agencies are authorized to adopt a standardized certificate of no new interests (OGE Optional Form 450-A) in lieu of an annual OGE Form 450, for regular employee annual confidential disclosure filers who can make the required certifications.
06/11/1997
DO-97-027: Waiver Consultations under 18 U.S.C. § 208(b)
In situations where a waiver is sought with respect to service in an official capacity as an officer or director of a private organization, the Office of Government Ethics will provide consultation only with respect to whether the procedures set forth under paragraph (a) of 5 C.F.R. § 2640.301 have been followed, and whether the factors set forth under paragraph (b) of that section have been adequately considered.
05/21/1997
97x9: Application of 18 U.S.C. § 207 Provisions to Employees of District of Columbia
OGE discusses the changes made to 18 U.S.C. § 207 by the Ethics Reform Act of 1989 and the related technical amendments enacted in 1990. Certain provisions of section 207 apply to District of Columbia employees. [cites former 5 C.F.R. part 2637]
05/21/1997
97x10: Travel Expenses in Connection with Certain Unofficial Teaching, Speaking, and Writing Activities
Pending the final court order clarifying the reach of the appellate decision in Sanjour v. U.S., OGE issued an interim policy about the prohibition on accepting travel expenses connected with certain unofficial speech.
05/21/1997
DO-97-025: Travel Expenses in Connection with Certain Unofficial Teaching, Speaking, and Writing Activities
Pending the final court order clarifying the reach of the appellate decision in Sanjour v. U.S., OGE issued an interim policy about the prohibition on accepting travel expenses connected with certain unofficial speech.
04/22/1997
97x8: Appearance of Impartiality and Disqualification Process
5 C.F.R. § 2635.502 establishes a mechanism for an employee to determine whether "appearances" require his disqualification from an assignment and to seek authorization from an agency designee before he does participate.
04/02/1997
97x7: Application of 18 U.S.C. § 208 to Employee Service on Boards of Directors of Non-Federal Entities
The Office of Legal Counsel, Department of Justice, issued a memorandum addressing whether 18 U.S.C. § 208 would prohibit Federal Bureau of Investigation personnel from serving on the boards of directors of non-Federal nonprofit entities in their official capacities.
04/02/1997
DO-97-015: Application of 18 U.S.C. § 208 to Employee Service on Boards of Directors of Non-Federal Entities
The Office of Legal Counsel, Department of Justice, issued a memorandum addressing whether 18 U.S.C. § 208 would prohibit Federal Bureau of Investigation personnel from serving on the boards of directors of non-Federal nonprofit entities in their official capacities.
03/27/1997
97x6: Agency Restrictions on Former Agency Employees Practicing Before the Agency
18 U.S.C. § 207 cannot not be the authority upon which broader agency regulatory restrictions on former agency employees practicing before the agency in connection with certain cases are based.
03/25/1997
97x5: Restrictions Affecting Spouses Who Work for the Same Agency
While there is no rule barring spouses from working for the same agency, there are statutory and regulatory restrictions that prevent conflicts of interest from arising in these situations.
03/21/1997
97x4: Referring to Official Title and Position in Connection with Outside Writing
An employee may not give more prominence to his Government title and position than to other biographical information that he provides in connection with outside writing.
03/21/1997
97x3: Use of Official Time and Government Equipment for Unofficial Purposes
Whether military Reservists and National Guard members may use official time and Government equipment at their civilian Federal positions depends upon whether the agency has authorized such use.
03/05/1997
97x2: Disqualification during Subordinate's Job Search
OGE comments on whether 5 C.F.R. § 2635.502 should preclude a Board member at an agency from participating in a meeting, about a rulemaking, if the Board member's subordinate is discussing employment with a trade association for the industry affected by that rulemaking. [The guidance in this letter was modified by
OGE Informal Advisory Letter 06 x 1 and
DAEOgram DO-06-002.]
01/31/1997
DO-97-009: 1995 Conflict of Interest Prosecution Survey
1995 Conflict of Interest Prosecution Survey
01/13/1997
97x1: Proposed Gift of Cash to Letter Carrier
The Standards of Conduct prohibit an employee of the U.S. Postal Service from accepting a Christmas gift of $10 in cash from a customer on his route.