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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/08/1998
98x20: Effect of Terminal Leave Status on Officer’s Official Responsibility for Matters Pending in his Office
OGE discusses whether the two-year representation bar of 18 U.S.C. § 207(a)(2) applies to a former military officer who seeks to represent a client in connection with a particular matter that was not pending in his agency's office until after he had gone on terminal leave prior but before he had separated from the agency.
11/25/1998
DO-98-034: District Court Decision on Remand in Sanjour v. EPA
The U.S. District Court for the District of Columbia has issued its decision on remand in Sanjour v. Environmental Protection Agency. The decision impacts enforcement of 5 C.F.R. § 2635.807(a), and its prohibition on employee acceptance of travel expenses in connection with teaching, speaking, or writing relating to official duties.
11/25/1998
98x19: District Court Decision on Remand in Sanjour v. EPA
The U.S. District Court for the District of Columbia has issued its decision on remand in Sanjour v. Environmental Protection Agency. The decision impacts enforcement of 5 C.F.R. § 2635.807(a), and its prohibition on employee acceptance of travel expenses in connection with teaching, speaking, or writing relating to official duties.
11/16/1998
98x18: Support Letters for Sentencing Hearing and 18 U.S.C. § 205
Discusses application of 18 USC 205 and 5 CFR 2635.702(b) to employees who wish to submit letters providing character reference in support of person subject to Federal criminal sentencing; also discusses need for OGE-approved supplemental standards of conduct regulation if agency wants to maintain additional ethics restriction.
10/28/1998
98x17: Marketing Incentives Offered in Connection with Government Purchases
Employees were precluded from retaining purchase incentives, for personal use, from vendor in connection with official agency purchases.
10/15/1998
98x16: Acceptance of Food in Connection with Event
Guidance on when employees may accept meal at event and proper disposition of prohibited gifts.
09/11/1998
98x15: Free Attendance at Reception
Guidance on when free attendance at a reception constitutes a gift and, if so, when various exceptions to the gift prohibitions may apply.
09/08/1998
DO-98-027: Revisions to OGE Form 202
OGE reminds agencies to use the OGE Form 202 (recently revised) to report to OGE referrals of potential violations of the criminal conflict of interest laws to the Attorney General.
09/02/1998
DO-98-025: Application of 18 U.S.C. § 208 to Service on Boards
The Office of Legal Counsel issues an opinion addressing the question of whether 18 U.S.C. § 208 prohibits employees of the executive branch from serving, in an official capacity, as a member of the board of a private voluntary standards organization.
08/31/1998
98x14: Official and Unofficial Speech at Private Conference
OGE summarizes ethics provisions that are relevant when an employee speaks at a private conference in an official or unofficial capacity, and comments on policy considerations that are relevant when an agency is deciding whether to provide an official speaker.
08/28/1998
DO-98-024: Part II of Proposed Minor Amendments to Standards of Ethical Conduct
OGE publishes the remaining installment of proposed minor amendments to the standards, affecting subpart F (Seeking Other Employment) and subpart H (Outside Activities).
08/13/1998
98x13: Regulatory Removal of Honoraria Rules
OGE announces issuance of rule removing obsolete provisions concerning the former honoraria ban.
08/13/1998
DO-98-023: Regulatory Removal of Honoraria Rules
OGE announces issuance of rule removing obsolete provisions concerning the former honoraria ban.
08/07/1998
DO-98-022: Proposed Minor Amendments to Standards of Conduct
OGE publishes proposed minor amendments to subpart B (Gifts From Outside Sources) of the standards of conduct regulation.
07/27/1998
98x12: Financial Disclosure Reporting Requirements for Trustees
07/17/1998
98x11: "Personal and Substantial" as Modifier of "Participation"
Only "personal and substantial" participation in a particular Government matter is restricted by 5 C.F.R. §§ 2635.402(c) and 2635.604(a), but circumstances may warrant that an employee be disqualified from any participation in certain matters under 5 C.F.R. § 2635.502(a).
07/13/1998
98x10: Eligibility of Interests in Qualified Incentive Stock Option Plan for Certificate of Divestiture
OGE denied a request for a Certificate of Divestiture where the stock was acquired through a qualified incentive stock option plan and the sale would not comply with the required holding period. [Note: In 2004, the Internal Revenue Code was amended and now the sale of stock acquired under these circumstances may qualify for a Certificate of Divestiture in accordance with
26 U.S.C. § 421(d).]
07/02/1998
98x9: Certificates of Divestiture and Gifts
OGE will not issue a Certificate of Divestiture for a security received as a gift, although securities received through inheritance may be eligible for a Certificate of Divestiture.
06/25/1998
98x8: Accepting Transportation from Government Contractor
Transportation received as part of official duties are accepted by the government, not the individual, and the Standards of Conduct do not apply. The matter must be resolved by the agency, determining if the transportation is a gift (or part of the contract) and whether the agency can accept a gift (generally prohibited without statutory authority).
06/22/1998
DO-98-021: Summary of the Standards of Conduct and Conflict of Interest Statutes in Verse
The OGE poem, "A Different Point of View," summarizes key provisions of the Standards of Ethical Conduct for Employees of the Executive Branch and certain of the conflict of interest statutes in title 18 of the United States Code.
06/04/1998
98x7: Nonprofit Organization of Federal Employees; Representations before Agency
Inclusion of a federal employee organization's name on another organization's letterhead would not constitute representational activity by the Federal employee members of the organization even if the other organization made representations to the Government using the letterhead.
05/07/1998
DO-98-019: Update — Nominee Public Financial Disclosure Reports and Certificates of Divestiture
OGE withdraws its request that agency reviewers add a statement to nominee financial disclosure reports noting that the information on the report has been updated in accordance with required time periods.
05/04/1998
98x6: Public Financial Disclosure Report Certification Practice
Neither the statute, 5 U.S.C. app., §§ 101-111, nor the controlling regulation at 5 C.F.R. part 2634 allowed agencies to require filers to add a certification of no conflict of interest to the SF 278 Public Financial Disclosure Report.
04/08/1998
98x5: Use of Government Employee Resume by Contractor
There is no per se ethics violation if a contractor uses a federal employee's resume in an agency procurement process. It is possible that use of that resume, in certain circumstances, could violate conflicts of interest statutes or standards of ethical conduct.
04/08/1998
DO-98-013: Timeliness of Nominee SF 278 Reports and Related Certificate of Divestiture Issues
The material in the public financial disclosure report of a nominee must be made current by the nominee or the agency reviewer (pursuant to specific authorization from the nominee) prior to submitting the report to this Office in final form.
04/01/1998
DO-98-011: Regulatory Amendment to Clarify Finality of Position Designations for Confidential Financial Disclosure
A minor clarifying amendment establishes that the agency head's (or his designee's) decision upon review of complaints regarding the designation of employee positions for filing confidential financial disclosure reports is final and conclusive for all purposes.
03/13/1998
DO-98-007: 1997 Conflict of Interest Prosecution Survey
1997 Conflict of Interest Prosecution Survey
02/24/1998
98x4: Post-Government Employment Provisions (18 U.S.C. § 207(c)) Applied to Agency Components
Employee was a senior employee by reason of 18 U.S.C. § 207(c)(2)(A)(i), because she was employed in a position paid under the Executive Schedule, despite continuing to receive pay under the SES. Therefore, her former agency under 18 U.S.C. § 207(c) and EO 12834 is all of the agency, as the component designation under § 207(h) doesn't apply. [Note: Executive Order 12834 has been revoked.]
02/19/1998
98x3: Purchase of Government Property; Conflicts of Financial Interest
Guidelines to help an ADAEO determine whether a government employee may purchase a training script from his agency, and how he may use that script outside of his government responsibilities.
02/11/1998
98x2: Senior Employees; Post-Government Employment Restrictions; Public Financial Disclosure Requirement
The basic rate of pay that makes an individual subject to "senior employee" restrictions of 18 U.S.C. § 207(c) refers to the employee's actual pay (salary), not the pay scale. The basic rate of pay that makes an individual subject to public financial disclosure requirements, refers to the minimum pay of a particular level on the pay scale.
01/14/1998
98x1: Financial Disclosure Reporting Obligations; Receipt of Gifts
Under 5 C.F.R. §§ 2635.201 and 2635.203, the government employee was allowed to accept gifts from his wife's employer, because it was not a prohibited source. Employee was not required to disclose the gifts because they were given to his wife totally independent of the employee.