All Advisories for 1988
(Legal) 88x17: Appearance of Impropriety
Under the facts presented, the proposed participation of the director of a governmental foundation in awarding foundation funding to centers as to which a company in which he owns stock is an industrial affiliate would raise an appearance of impropriety.
(Legal) 88x16: Employee's Service on an Advisory Committee to a Private Entity
OGE analyzes whether an employee should serve on an advisory committee of a private entity that receives grants from the employee's agency.
(Legal) 88x15: Designation of Senior Employee Positions
The position shifting provision was added to prevent agencies from transferring an individual in a designated position to one that is not, thus allowing 1 or 2 years to elapse, enabling the employee to leave public service for a private position without the constraints of 18 U.S.C. § 207(b)(ii) and (c). [cites former version of 18 U.S.C. § 207]
(Legal) 88x14: Application of 18 U.S.C. § 205 to District of Columbia Employees
An employee of the District of Columbia would not violate 18 U.S.C. § 205 in prosecuting a claim against the U.S. if the prosecution was within the scope of his official duties.
(Legal) 88x13: Guidance on Ethics Program Issues Raised in the Report of the Independent Counsel
The Independent Counsel's report provides insight into the process of an evaluation by a prosecutor for possible prosecution under the criminal conflict of interest statutes; the significance of a declination of prosecution, the importance of ethics agreements both to the individual and to the public, and the role of public financial disclosure.
(Legal) 88x12: 18 U.S.C. § 209 and Intent
Intent to compensate for performance of Government duties is highly probative in reviewing for a potential violation of 18 U.S.C. § 209. Under the facts presented, the employee's acceptance of a research scholarship from the college would violate the statute.
(Legal) 88x11: Reporting of Employee Benefit Plans on the SF 278, Public Financial Disclosure Report
This opinion addresses the manner of reporting of employee benefit plans, and pensions in particular, on the SF 278 financial disclosure report as required by the Ethics in Government Act of 1978, as amended.
(Legal) 88x10: Speaking in an Official Capacity at Conferences and Other Events Sponsored by Private For-Profit Organizations
OGE provides guidance on analyzing invitations for Government employees' to speak officially at certain conferences, conventions, and symposiums sponsored by private, profit-making organizations. [cites former 5 C.F.R. Part 735]
(Legal) 88x9: Qualified Blind Trusts
OGE must approve proposed qualified blind trust arrangements prior to the time the instruments are executed and the assets placed within the trust. Otherwise, the instrument will not be recognized as creating an efficacious blind trust under the Ethics in Government Act.
(Legal) 88x8: Applicability of 18 U.S.C. § 207 to Independent Contractor Who Was a Government Employee
To the extent a former employee participated personally and substantially in, or had official responsibility for, particular matters involving specific parties during the time he worked as an independent contractor for his former agency, he is not barred by 18 U.S.C. § 207.
(Legal) 88x7: Representational Activities of a Partner of a Current Executive Branch Employee
Former 18 U.S.C. § 207(g) limited the representational activities of any partner of a current officer or employee of the U.S. Government in connection with any particular matter in which such officer or employee participated or had participated personally and substantially.
(Legal) 88x6: Restrictions on Service by Employee as Board Member of Grantee of Federal Agency
OGE discusses the application of 18 U.S.C. §§ 203 and 205, as well as several ethics regulations, to a Federal employee under consideration to become a member of a board of directors of a grantee of a particular program operated by the department employing the individual.
(Legal) 88x5: Public Appearances by Federal Employees at Events at Which Admission Fee is Charged
Federal agencies should be very careful when providing a speaker at a for-profit endeavor to be sure that the Government's interest in reaching that audience is substantial and that the same audience could not be reached without supporting the private endeavor. [Cites former Part 2637]
(Legal) 88x3: Representation of Other Federal Employees in Personnel Administration Proceedings
An employee who also has a private law practice must have each instance of proposed representation evaluated by his superiors, so that they can determine on a case-by-case basis whether representation by him in a given set of personnel administration proceedings is not inconsistent with the faithful performance of his duties.
(Legal) 88x4: "Same Particular Matter" and New Solicitation
Under the facts presented, a new solicitation was not the "same particular matter" as the solicitation on which the former senior employee worked while an executive branch employee.
(Legal) 88x2: Separate Non-Statutory Entities, "Designated" Senior Employees, and 18 U.S.C. § 207(c)
A "designated" senior employee of a division of a department may not represent anyone to that division or to any entity within the department that is not a separate statutory agency, or a separate non-statutory agency other than the employee's division. [Cites former Part 737]
(Legal) 88x1: Post-Government Employment Restrictions on Former Senior Employee
A former senior employee's work on general policy matters was not within the scope of 18 U.S.C. § 207(a) or (b). The former employee's proposed contacts with representatives of his former agency, however, are subject to 18 U.S.C. § 207(c). [Cites former 5 C.F.R. Part 737]