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 On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.
12/19/2001
01x12: Office of Legal Counsel (OLC) Opinion Concerning Status of Trustees of a Private Trust Under 18 U.S.C. § 208
The immediate practical consequence of this OLC opinion is that, in many situations, employees will not be deemed to have a disqualifying financial interest in matters affecting the holdings of a trust in which the employee’s spouse or minor child serves as a trustee.
12/19/2001
DO-01-029: Office of Legal Counsel (OLC) Opinion Concerning Status of Trustees of a Private Trust under 18 U.S.C. § 208
The immediate practical consequence of this OLC opinion is that, in many situations, employees will not be deemed to have a disqualifying financial interest in matters affecting the holdings of a trust in which the employee’s spouse or minor child serves as a trustee.
11/29/2001
01x11: Status of Members of Board of Directors of Federal Prison Industries
OGE analyzes whether certain members of the board of directors of Federal Prison Industries (FPI) are subject to Federal conflict of interest requirements.
11/13/2001
01x10: Book Related to Official Duties
Because a proposed book by an administrative judge dealt in significant part with an ongoing or announced policy, program or operation of his agency, he was barred by 5 C.F.R. § 2635.807 from receiving compensation for the book.
10/25/2001
01x9: Employee's Management of Nonprofit Organization
OGE discusses some of the ethics issues raised in connection with an employee's proposed involvement in the establishment and management of a nonprofit organization.
08/23/2001
01x8: Impartiality and Romantic Relationships
OGE addresses issue of whether certain conduct by an attorney in an agency "created a situation in which her impartiality could be questioned" and whether she should have disqualified herself from certain particular matters or sought an authorization to participate, pursuant to 5 C.F.R. § 2635.502.
08/10/2001
01x7: Compensation Bar for Writing that Relates to Official Duties
An administrative judge is barred by 5 C.F.R. § 2635.807 from receiving compensation for writing a pair of proposed books on the subject of compensatory damages in private sector cases and in Federal sector cases.
07/19/2001
01x6: References to Employee's Title and Agency
The bar on use of title and position set forth in 5 C.F.R. § 2635.807(b), like the related bar in 5 C.F.R. § 2635.702, do not apply to activities undertaken as part of an employee's official duties.
07/09/2001
01x5: Remedy of Divestiture versus Recusal for Nominees to a Specific Agency
OGE responds to a request from a Senate committee to review the requirements of 5 C.F.R. § 2635.502 in order to “ensure that the rule is written and applied in a manner that effectively evaluates a nominee’s conflict of interest and impartiality on matters relating to 'covered relationships.’”
04/06/2001
DO-01-015: Report on Improvements to the Financial Disclosure Process for Presidential Nominees
OGE submits a report on improvements to the financial disclosure process for Presidential nominees to the Senate Committee on Governmental Affairs and the House Committee on Government Reform.
03/29/2001
01x4: Use of the Title "Judge" in Personal Correspondence
OGE addresses whether it is proper for a United States administrative law judge (ALJ) to use the title "Judge" and/or "Judge and Mrs." in personal correspondence.
03/28/2001
DO-01-013: Nominee Ethics Agreements
This memorandum addresses several issues pertaining to ethics agreements of Presidential appointees whose positions require Senate confirmation. [NOTE: The model document attached to this DAEOgram has been superseded by the model document in OGE's 2014 guide on ethics agreements]
03/15/2001
DO-01-009: Ethical Requirements Applicable to Potential PAS Appointees Employed as "Advisors" or "Counselors"
Potential PAS appointees hired as advisors or counselors prior to announcement, nomination and confirmation to a PAS position are employees of the United States and are generally subject to all Federal ethics laws and regulations. They will qualify as special Government employees.
03/15/2001
DO-01-011: Office of Legal Counsel Opinions (Exception to Honoraria Ban and Communications under 18 U.S.C. § 207(c))
The Office of Legal Counsel issued an opinion about payments to charitable organizations in lieu of honoraria (an exception to honoraria ban) and an opinion about communications under 18 U.S.C. § 207(c). [Note: The honoraria ban was held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
03/15/2001
01x3: Office of Legal Counsel Opinions (Exception to Honoraria Ban and Communications under 18 U.S.C. § 207(c))
The Office of Legal Counsel issued an opinion about payments to charitable organizations in lieu of honoraria (an exception to honoraria ban) and an opinion about communications under 18 U.S.C. § 207(c). [Note: The honoraria ban was held unconstitutional by the U.S. Supreme Court in
U.S. v. National Treasury Employees Union, 513 U.S. 454 (1995).]
03/15/2001
01x2: Ethical Requirements Applicable to Potential PAS Appointees Employed as "Advisors" or "Counselors"
Potential PAS appointees hired as advisors or counselors prior to announcement, nomination and confirmation to a PAS position are employees of the United States and are generally subject to all Federal ethics laws and regulations. They will qualify as special Government employees.
03/14/2001
01x1: Employee's Proposed Outside Employment Prosecuting Patent Applications for Private Clients
18 U.S.C. §§ 203 and 205 prohibit an employee from acting as a compensated agent for private clients in prosecuting patent applications before the Patent and Trademark Office of the Department of Commerce.
01/22/2001
DO-01-004: Presidential Memorandum on Ethical Conduct (George W. Bush Administration)
President George W. Bush issues a memorandum to agency heads asking them to ensure that all personnel within their departments and agencies are familiar with, and will faithfully observe, applicable ethics laws and regulations.
01/04/2001
DO-01-002: Presidential Transition Report (2000)
Pursuant to the Presidential Transition Act of 2000, OGE requests recommendations for improvements to the financial disclosure process for Presidential nominees to Senate confirmed positions.
01/03/2001
DO-01-001: Revocation of Executive Order 12834
President Clinton revokes Executive Order 12834, which had imposed special post-employment restrictions on senior appointees of his Administration by requiring senior officials and trade negotiators to sign a pledge as a condition of holding a covered position.