IEC Journal

Agency Model Practices

The May upgrades to OGE's list of Agency Model Practices are welcome. Lists like this have multiple benefits, so let's hope this valuable section can be kept updated on a regular basis.

 

US OGE Mailing List Archives

Do you ever wish you could locate old e-mails from OGE's mailing list? There is an easily searchable online archive, including the September 16, 2002 welcome message from then-Director Amy Comstock up to the latest OGE missive.

It's available at:

http://listserv.access.gpo.gov/archives/oge-ethicsinfo-l.html

 

There's an easy procedure to get a password.

OGE Calendar: December

Excerpt from the 2008 OGE Calendar:

December--Remember, covered employees are required to receive annual ethics training before the end of the calendar year.

December 31--Today marks the end of the Public Financial Disclosure reporting period, except for the reporting period of Part II of Schedule C and Part I of Schedule D, which continue up to the date of filing. (5 CFR § 2634.308(a))

December 31--Today marks the end of the Confidential Financial Disclosure reporting period. (5 CFR § 2634.908(a))

Cusick Article

The most recent issue of The Journal of Public Inquiry, the professional publication for Inspectors General, has an article by OGE Director Ric Cusick entitled "Outsourcing Public Integrity." The issue containing the article is available in PDF format. It's a 12 Mb download. The Cusick article begins on page 63.

OGE Calendar: November

Excerpt from the 2008 OGE Calendar:

November 1 Reminder: Only 61 days remain in the Public Financial Disclosure calendar year. Remember that employees need to serve in a position for 61 days or more to file. (5 CFR § 2634.204)

November 30 DUE TO OGE TODAY: Agencies must submit an annual update of current agency separate component designations for 18 U.S.C. § 207(c). Agencies need not reply if their department or agency currently has no designated components and they do not wish to request the designation of any component. (5 CFR § 2641.201(e)(3)(ii))

November 30 Agencies must submit an annual update of positions previously exempted from senior employee designation under 18 U.S.C. § 207(c). (5 CFR § 2641.201(d)(3)(ii))

November 30 The 1353 travel report for payments of travel accepted from non-federal sources is due today. Agencies must submit either a positive or a negative report. The 1353 travel report should cover the period of April 1, 2008 - September 30, 2008. (31 U.S.C. 1353)

OGE Calendar: October

Reminder: The October IEC meeting will be held on Wednesday, October 8, rather than the usual first Thursday.

Excerpt from the 2008 OGE Calendar:

October 31 The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification who were granted second 45-day extensions are due today.

Successful OGE Conference

Last week's Office of Government Ethics conference was another success.  Based on attendee comments, the presenters were generally well received.  Here are a few of the other well-implemented features that come to mind:

• The Exhibit Room was a good showcase of prize-winning educational and related products, including a slickly produced looping videotape.
• The Internet Cafe facilitated access with home offices.
• The full-color daily bulletins were a useful way of communicating with attendees.
• The half-hour sessions for demos, "ask the expert" time, etc. were a worthwhile innovation.
• The use of USB thumb drives to store handouts was a hit again. Handouts that were too late to make their way onto the thumb drives will be available from OGE by e-mail (Teresa Weakley, tlweake -- AT -- OGE -- DOT -- gov), and possibly their web site.
• And last but not least, the Rosen Centre Hotel met with general approval.

All in all, the conference was another feather in OGE's cap.

P.S. Apologies for the duplicate posts Friday about Congressional hearings. The Wi-Fi connection from Orlando airport was so slow I didn't realize first attempt had already been posted. I removed one from the web site, but you may get two copies via e-mail.

Update: Sept. 23, Corrected Teresa Weakley's e-mail address. As a reminder, we try to disguise e-mail addresses we post because web site postings are the number one source of spammer targets.

2008 Ethics Program Awards

OGE has announced its 2008 Ethics Program Awards.

Still More Great Search Tips

Thanks to IEC member Ethan A. Carrier for passing along the following excellent tips for searching the OGE web site:

You can also search DAEOgrams like so:

site:usoge.gov/ethics_guidance/daeograms

or Advisory Opinions like so:

site:usoge.gov/ethics_guidance/opinons

You may have noticed that you get three copies of each DAEOgram or AO because they exist as three types of files (txt, html, and pdf). If you want to avoid getting your results in triplicate, then you can limit what type of files are returned as results by adding:

filetype:txt or filetype:html or filetype:pdf

So, putting it all together, if I wanted to search the OGE Advisory Opinions for information on widely attended gatherings, I might do it like this:

"widely attended gatherings" site:usoge.gov/advisory_opinions filetype:pdf

You'll see that the results include only OGE Advisory Opinions, and only in the PDF filetype. This really is just scratching the surface of Google's search features, but I hope it is helpful!

Web Site Searching Alternatives

While welcome and very effective overall, the recent upgrade of the OGE web site has a few downsides, including changing the links to many pages. Many older links no longer work. A workaround I sometimes use when searching the archives here at IEC Journal may also save time when searching the OGE site:

For example, for our September 1 post I needed to obtain the new address for the USOGE 2008 Schedule of Important Ethics Dates. When I entered the search term "Calendar" into the OGE web site's search engine, after some delay I eventually received the response "Your Search returned 367 Records." Making matters worse, the search engine displays only five "hits" at a time.

Scrolling through 73 screens of search results in search of the one page I needed was not an appealing prospect, so I went to Google and entered the following search request:

site:www.usoge.gov calendar

Bingo! The calendar I was looking for was at the top of the list of search results.

Adding "site:" to the front of the OGE web site address tells Google to restrict its search to only that site. You can test it yourself. The secret? Unlike old-style search engines, Google and its closest competitors use sophisticated techniques to rank search results by relevance. The page you are looking for is more likely to be closer to the top of the results list. 

This using-an-alternate-search-engine trick won't always work, but it's a big time saver when it does. I used to use it frequently at the Department of Justice web site before they upgraded their dedicated search engine. I use it at IEC Journal on the frequent occasions when this site's dedicated search engine isn't giving me the results I want.

I use Google only because I'm more familiar with it. However, you would probably get comparable results using the top Google competitors that also use sophisticated relevancy rankings. Check their documentation to see how they restrict searches to a particular site.

OGE Calendar: September

Excerpts from the 2008 OGE Calendar:

September 15 DUE TO OGE TODAY: The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification who were granted first 45-day extensions are due today.

Reminder: The late filing fee now applies to annual Public Financial Disclosure filers who were granted second 45-day filing extensions but have not submitted their reports to agency ethics officials. Remember, checks should be made payable to the U.S. Treasury. (5 CFR § 2634.704)

September 16 Reminder: 2008 New Ethics Official Conference in Orlando, FL.

September 17-19 16th National Government Ethics Conference in Orlando, FL.

September 30 Reminder: The April 1 – September 30 period for reporting payments of travel accepted from non-federal sources ends today. Agencies should begin to prepare their 1353 travel report. (31 U.S.C. 1353)

OGE Web Site Upgrade

The OGE web site has undergone a significant upgrade. It appears to be a tremendous improvement, both substantive and esthetic.  Among the many enhancements:

1. Deletion of the initial warning banner. These are essential for private agency networks, but the omission from its site brings OGE in line with other federal agencies that find this unnecessary on sites intended to be publicly-accessible.
2. The site uses a blog-type approach to archiving old announcements that makes them more accessible, plus a more efficient way of letting users choose between downloading formats.

One possible additonal improvement: Unlock the font sizes, so that viewers have the option to select a larger font in their browsers. Older users may particularly appreciate this.

OGE Conference Hotel Deadline

The stated deadline for reserving rooms at the Rosen Center Hotel (reviews here) is Friday, August 15 at 5:00 P.M. To obtain the conference rate, mention when calling the reservation number (800-204-7234) that you are attending the 16th National Government Ethics Conference. The hotel offers the conference rate for three days before and three days after the Conference. The OGE web site has more information about the conference.

OGE Calendar: August

Excerpts from the 2008 OGE Calendar:

August 1 DUE TO OGE: The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification are due today unless an extension has been granted.

August 14 DUE TO AGENCY ETHICS OFFICALS: All annual Public Financial Disclosure reports granted second 45-day extensions are due today. (5 CFR § 2634.201(f))

Reminder: Public Financial Disclosure Reports Due Friday

Unless you have received an extension, Friday, August 1 is the deadline to forward Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification. The 2008 OGE Calendar lists this and other deadlines.

OGE DAEOgram on PAS Pooled Investments

DAEOgram DO-08-022 dated

July 22, 2008

explains what actions a nominee for a full-time Senate-confirmed position (PAS nominee) must take with regard to pooled investment funds in order for the Director of OGE to certify the individual’s financial disclosure report. 

You may access this DAEOgram at: http://www.usoge.gov/pages/daeograms/dgr_files/2008/do08022.pdf

Nomination Deadline Friday

Friday, May 30 is the last day to submit nominations for the OGE 2008 Education and Communication Awards. The awards will be presented at the National Government Ethics Conference this fall in Orlando.

OGE Training Award Nominations Due May 30

There are only a couple of weeks left before the May 30, 2008 deadline for nominations for OGE's 2008 Education and Communication Awards. The awards will be presented at the September OGE National Government Ethics Conference in Orlando. The OGE web site has details.

Key May Due Date Reminders

May 15 is the filing deadline for certain SF 278s that are sent to OGE for final review and certification. DAEOgram DO-08-018 has details. Extensions are possible.

May 27 is the deadline to submit comments on the FAR Council's proposal on addressing service contractor employees' personal conflicts of interest in light of the concerns raised by OGE, the findings of a GAO report, the recommendations of the Services Acquisition Reform Act panel, two recent FAR cases (2006-07 and 2007-06), and some agency approaches to the issue. under 31 U.S.C. § 1353. DAEOgram DO-08-017 has more information.

OGE 2008 Calendar: May

Excerpts from the 2008 OGE Calendar:

May 1 -- DUE TO OGE TODAY: An updated list of Presidential appointees confirmed by the Senate (PAS), Designated Agency Ethics Officials (DAEO), and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification.
(5 CFR § 2638.601)

May 15 -- DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Public Financial Disclosure reports are due today, unless the filer has been granted an extension. Remember to document the extension. (5 CFR § 2634.201(a))

May 15 -- DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Confidential Financial Disclosure reports granted second 45-day extensions. (5 CFR § 2634.903(d))

May 30 -- DUE TO OGE TODAY: A list of extensions granted, and the length thereof, to PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification.

May 31 --  DUE TO OGE TODAY: The 1353 travel report for payments of travel accepted from non-federal sources is due today. Agencies must submit either a positive or a negative report. The 1353 travel report should cover the period of October 1, 2007 - March 31 2008. (31 U.S.C. 1353). An April 23, 2008 DAEOgram has more information.

Education & Communication Awards

OGE is soliciting nominations for its 2008 Education and Communication Awards, to be presented at OGE's national conference this fall. Here's a list of previous winners of the OGE Training Awards Winner’s Circle:

*  Bureau of the Public Debt - EthicsSmart posters and newsletters used to complement ethics
training.  New posters are developed monthly.  The monthly newsletter uses a question and
answer format, provides tips and suggestions, and offers information for managers to discuss
at staff meetings.

*  Communications Electronics Life Cycle Management Command - Ethics Smart Card.  The
credit card-sized cards provide useful information about permissible and impermissible post-
employment activities.  Easily read and portable, the cards were widely distributed to senior
military and civilian personnel.

*  Natick Soldier Center - instructor-led, interactive training targeted to the specific needs of a
highly educated group of scientists, engineers, and supporting staff.  The training program
contains numerous analogies and references to current events to illustrate various points.  It
effectively makes the case as to why the information is relevant to the audience.

*  National Aeronautics and Space Administration - Ethics Survivor, an instructor-led game
based on the TV program.  Props are used to facilitate the game and add an element of
realism.  Questions are used to explore a range of ethics issues.

*  U.S. Agency for International Development - a comprehensive ethics program.  This
program includes values-based instructor-led ethics training; customized rules-based
instructor-led training; strong, visible agency leadership buy-in; annual ethics award
(including a plaque and cash award); electronic ethics tip of the day; and an ethics web site.

*  U.S. Department of Agriculture - an online horse race.  Participants select ethics questions of
varying degrees of difficulty. The question selected and the answer chosen define
participants’ pace in the race.

*  The Department also has several Self-Help tools that allow employees to identify possible
ethics problems.  The tools support the work of the ethics official.  By completing the tools,
employees are either directed to the ethics official for guidance or learn that it is unlikely that
they have an ethics problem.

*  U.S. Department of Commerce - an instructor-led program that uses flashcards.  The
flashcards cover a range of topics to include post employment, gifts, misuse of position,
Hatch Act, etc.  The instructor presents information and distributes the cards to participants. 
Based on the cards, participants state whether a particular behavior is or is not allowed.

*  U.S. Department of Education - Ethics Jeopardy, using the TV game show format.  This
instructor-led program is used for basic ethics training.  By varying the format the game was
used effectively for small and large groups.

*  U.S. Mint - 2006 General Training.  This interactive, instructor-led training addresses gifts,
conflicts of interest, outside activities, etc.  The program provides a clear sense of why the
training is important.

*  U.S. Office of Personnel Management - an instructor-led program, Public Service and
Ethical Leadership, sponsored by the Federal Executive Institute.  The highly interactive
program includes case studies, video clips, classic and contemporary readings, and self-
assessment exercises.

OGE Calendar: April (& May Preview)

Excerpts from the 2008 OGE Calendar:

April 15--Reminder: Unless further information is required, annual Confidential Financial Disclosure reports should be certified today. (5 CFR § 2634.605(a) and 2634.605(f))

Looking ahead to early May:

May 1--An updated list of Presidential appointees confirmed by the Senate (PAS), Designated Agency Ethics Officials (DAEO), and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE NLT today for review and certification. (5 CFR § 2638.601)

OGE Calendar: March

Excerpts from the 2008 OGE Calendar:

March 31--The October 1 - March 31 period for reporting payments of travel accepted from non-federal sources ends today. Agencies should begin to prepare their 1353 travel reports. (31 U.S.C. 1353)

March 31--DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Confidential Financial Disclosure reports granted first 45-day extensions. (5 CFR § 2634.903(d))

OGE Update

OGE has issued a number of helpful items recently, including:

• A guide on drafting ethics agreements for Presidential nominees for positions requiring Senate confirmation, and an explanation of when to seek additional information from PAS filers. (Bottom line: "Accordingly, please err on the side of seeking clarification or additional information from a PAS filer if you have any doubts about the adequacy of a form submitted for review."
• "Commitment and action by agency leadership is the keystone for ensuring the integrity of an agency's ethical culture and for fostering public confidence in the decision-making processes of government." It's hard to argue with that. In support of this idea, OGE has promulgated a "Leadership Initiative" document outlining lots of good ideas about ways in which agency management should support ethics programs.
• A call for suggested topics and speakers for the September 16-19, 2008 National Government Ethics Conference, complete with online submission form. The deadline for suggestions is March 17, 2008.
• A statement of policy concerning NARA's liberalization of electronic records practices (i.e., don't destroy paper copies of financial reporting documents, as they may be needed to support disciplinary action).
• Ordering information for a new pamphlet “Working With Government Contractors:  What You Need to Know as a Federal Employee Who Works With Government Contractors.”  The booklet provides a general introduction to some of the most common ethics issues that arise for Government employees who work with Government contractors.
• Ordering information for a booklet entitled, "The Qualified Trust Program."  The booklet provides information on addressing conflicts of interest by establishing a qualified trust.
• Information on OGE's plans to implement GSA’s Raising of Foreign Gifts “Minimal Value” through a future OGE rulemaking.

Note: We publish reminders of OGE issuances here as a convenience to our members, but strongly recommend that everyone subscribe to the OGE mailing list as well.

Updated: Feb. 25 to correct URL to information on Foreign Gifts minimal value rule.

OGE Calendar: February

Excerpts from the 2008 OGE Calendar:

February 1: The 2008 Agency Ethics Program Questionnaire is due to OGE today. (5 CFR § 2638.602(a))

February 15: DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Confidential Financial Disclosure reports are due to agency ethics officials today unless the filer has been granted an extension. Remember to document the extension. (5 CFR § 2634.903(a) & 2634.903(d))

Two OGE Items

OGE Director Ric Cusick recently sent out an interesting memo on the necessity to put ethics advice in writing on request:

REQUESTS FOR WRITTEN ADVICE

I am writing to remind ethics officials to be responsive to requests for advice, including written advice, from employees. Recent complaints have been brought to my attention that some agency ethics officials have declined to provide written ethics advice requested by employees. OGE certainly understands the competing demands on the time and resources of agency ethics offices. Nevertheless, employees understandably may have good reason for requesting a written response that memorializes ethics advice. Depending on the circumstances, written responses need not be particularly formal or extensive, and, for example, e-mail often will suffice. See "Documenting Ethics Advice," DAEOgram DO-05-019. Of course, it is appropriate and often advisable to require employees themselves to submit their requests, including all material facts, in writing.

Also from OGE: List of Agency Ethics Program Reviews Planned for the First Six Months of Calendar Year 2008.

OGE Calendar: January

Excerpts from the 2008 OGE Calendar:

January 1 Today marks the beginning of the Public Financial Disclosure reporting period. Agency ethics officials may want to distribute financial disclosure packets to public filers. (5 CFR § 2634.308(a))

January 1 Today marks the beginning of the Confidential Financial Disclosure reporting period. (5 CFR § 2634.908(a))

Sometime in January: Agencies must complete an annual training plan for the current calendar year. This plan does not need to be submitted to the U.S. Office of Government Ethics (OGE).

Heads Up on February due date: The 2008 Agency Ethics Program Questionnaire is due to OGE on February 1. (5 CFR § 2638.602(a))

OGE Recruiting General Counsel & Deputy

Due to retirements, OGE is recruiting an SES-level General Counsel and an SES-level Deputy Counsel. Closing date for both positions is January 16.

OGE Priority Training on Disclosure Reviews

In preparation for the upcoming change of admistrations, OGE is encouraging maximum attendance at its conference on financial disclosure by Presidential nominees requiring Senate confirmation (i.e., PAS nominees). The free conference will be held February 28, 2008in Washington, D.C. OGE is asking DAEOs to send all experienced ethics officials who will be involved in reviewing PAS nominee reports during the Presidential transition.

OGE will issue further details about the conference and the registration process next month, but needs to estimate an attendance figure to help their preparations. Therefore, DAEOS should send e-mails to nomineess@oge.gov with a tentative indication as to how many ethics officials will be sent to the conference. The deadline for this preliminary response is January 11, 2008.

Update December 20, corrected typos.

OGE 2008 Calendar & Conference

OGE has released its 2008 Schedule of Important Ethics Dates. As a courtesy, we will try to distribute reminders of important dates through this web site, as we did last year.

Of special interest: The 2008 National Office of Government Ethics Conference will be held September 16-19, 2008 at the Rosen Centre Hotel in Orlando, Florida. The one-day new ethics official conference will be held September 16th, followed by the national conference September 17th through 19th.

December Deadlines

December deadlines fom the 2007 OGE Calendar:

31 -- Remember, covered employees are required to receive annual ethics training before the end of the calendar year.

31 -- Reminder: Today marks the end of the Public Financial Disclosure reporting period, except for the reporting period of Part II of Schedule C and Part I of Schedule D, which continue up to the date of filing. (5 CFR § 2634.308(a))

31 -- Reminder: Today marks the end of the Confidential Financial Disclosure reporting period. (5 CFR § 2634.908(a))

ALSO, PLEASE REMEMBER TO:

• Remind filers that deadlines are dates by which the forms must arrive in the agency ethics official’s office, not dates by which forms must be postmarked.
• Forward 208 b(1) and b(3) waivers to OGE.
• Forward notice of conflict of interest referrals (OGE Form 202).
• Collect Public Financial Disclosure reports or Confidential Financial Disclosure reports from Special Government Employees (See DO-95-019).
• Forward PAS ethics agreement compliance documentation to OGE.
• Collect new entrant and termination reports within 30 days.
• Join the OGE ListServe if you are not already a member. Contact tlweakle@oge.gov for more information.

November Deadlines

November deadlines fom the 2007 OGE Calendar:

1 -- Reminder: Only 60 days remain in the Public Financial Disclosure calendar year. Remember that employees need to serve in a position for 60 days or more to file. (5 CFR § 2634.204)

30 -- DUE TO OGE TODAY: Agencies must submit an annual update of current agency separate component designations for 18 U.S.C. § 207(c). Agencies need not reply if their department or agency currently has no designated components and they do not wish to request the designation of any component. (5 CFR § 2641.201(e)(3)(ii)). For more information, please refer to DAEOgram DO-07-036 issued September 26, 2007.

30 -- DUE TO OGE TODAY: Agencies must submit an annual update of positions previously exempted from senior employee designation under 18 U.S.C. § 207(c). (5 CFR § 2641.201(d)(3)(ii))

30 -- DUE TO OGE TODAY: The 1353 travel report for payments of travel accepted from non-federal sources is due today. Agencies must submit either a positive or a negative report. The 1353 travel report should cover the period of April 1, 2007 - September 30, 2007. (31U.S.C. 1353)

As a reminder, 120% of the minimum rate of basic pay payable for grade 15 of the General Schedule is $111,675.60 and 15% of the annual rate of basic pay for level II of the Executive Schedule is $25,200.

OGE Survey: Today's the Day

Look for an e-mail from an Office of Government Ethics contractor using the address EOS@Raosoftsurveys.com. Don't let your anti-spam filter eat this important OGE survey! More information is available.

Watch for OGE Survey

If you are an executive branch ethics official, be alert next week for an Office of Government Ethics survey. OGE is using a contractor to conduct the survey, and invitations will come via an e-mail from EOS@Raosoftsurveys.com. Since this company is not on the "white list" of most anti-spam software, watch to make sure the invitation is not screened out.

The OGE announcement explains:

The purpose of this survey is to provide OGE with insights into the practices and needs of executive branch agency ethics officials.  The information gathered in this survey will enhance OGE’s ability to more closely integrate its goals with the needs of agency ethics officials.

October Deadline

Reminder of the October date fom the 2007 OGE Calendar:

The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification who were granted second 45-day extensions are due October 31.

Reminder: Friday Deadline for Pamphlet Orders

Friday, September 28 is the deadline for ordering OGE's new booklet What You Need to Know as a Federal Employee Involved in the Procurement and Acquistion Process. Cost will vary depending on the total number ordered, but is estimated to be about 78 cents per copy.

OGE Booklet on Ethics & Procurement Integrity

OGE's new booklet What You Need to Know as a Federal Employee Involved in the Procurement and Acquistion Process is now available. It's intended as a handout. The OGE web site has ordering information. Note the Sept. 28 deadline.

September Deadlines

September dates fom the 2007 OGE Calendar:

September 13: The late filing fee now applies to annual Public Financial Disclosure filers who were granted second 45-day filing extensions but have not submitted their reports to agency ethics officials. Remember, checks should be made payable to the U.S. Treasury. (5 CFR § 2634.704)

September 13: DUE TO OGE TODAY: The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification who were granted first 45-day extensions are due today.

September 30: The April 1 – September 30 period for reporting payments of travel accepted from non-federal sources ends today. Agencies should begin to prepare their 1353 travel report. (31 U.S.C. 1353)

Comparing Employees in Different Pay Systems

Have you ever confronted the issue of comparing unusual pay systems to the more familiar General Schedule and SES pay scales, for the purpose of determing when certain employees should be required to file public financial disclosure reports? Check out OGE's new guidance on this topic.

Update: Edited August 29 to remove reference to "wage grade" pay scales. Marilyn Glynn notes:

The type of alternative pay systems the DAEOgram discusses  are those that are created specially for employees at particular agencies.  For example, most banking agencies have their own pay systems, as does the SEC and CFTC.  Usually these systems are designed to address pay for performance, or to provide employees with highly specialized skills higher pay than they might other get under the GS or SES systems.

August Deadlines

August dates fom the 2007 OGE Calendar:

August 1: The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification are due today unless an extension has been granted.

August 13: All annual Public Financial Disclosure reports granted second 45-day extensions are due today. (5 CFR § 2634.201(f)).

2006 Informal Advisory Letters and Memoranda and Formal Opinions

OGE's 2006 Informal Advisory Letters and Memoranda and Formal Opinions are now available at the OGE web site.

July & Early August Deadlines

July & Early August dates from the 2007 OGE Calendar:

July 16: Unless further information is required, agencies’ annual Public Financial Disclosure reports should be certified by today. (5 CFR § 2634.605)

July 31: The late filing fee now applies to annual Public Financial Disclosure filers who were granted first 45-day filing extensions but have not submitted their reports to agency ethics officials, unless they have been granted an additional extension. Remember, checks should be made payable to the U.S. Treasury. (5 CFR § 2634.704)

Looking ahead to August:

August 1: The Public Financial Disclosure reports of PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification are due today unless an extension has been granted.

Reminder: June OGE Filing Dates

Some friendly June filing deadline reminders:

June 15: The late filing fee now applies to annual Public Financial Disclosure filers who did not submit their reports to agency ethics officials, unless the filer has been granted an extension. Remember, checks should be made payable to the U.S. Treasury. (5 CFR § 2634.704).

June 29: DUE TO AGENCY ETHICS OFFICALS TODAY: All annual Public Financial Disclosure reports granted first 45-day extensions. (5 CFR § 2634.201(f))

June 29: DUE TO AGENCY ETHICS OFFICALS TODAY: Today is the last day for filers to request an additional 45-day extension to the Public Financial Disclosure deadline. Remember to document the extension. (5 CFR § 2634.201(f))

Reminder: Late May Due Dates

Lots of dates for ethics officers to keep track of. Here's a friendly reminder of two reports scheduled for submission this month:

Due to OGE on May 30: A list of extensions granted, and the length thereof, to PAS, DAEO, and other persons whose Public Financial Disclosure reports are required to be forwarded to OGE for review and certification.

Due to OGE on May 31: The 1353 travel report for payments of travel accepted from non-federal sources.

OGE Guidance on Immigration Support Letters

18 U.S.C. § 205 is a criminal statute that prohibits federal employees from representing anyone in a matter pending before a federal agency in a matter in which the United States is a party. Does a federal employee's writing a letter in support of immigration status violate this statute?

In response to continuing confusion over this issue, OGE issued guidance on May 17 in the form of a DAOEGRAM, available at the OGE web site. The brief answer is that no, writing an immigration letter does not ordinarily break the law, because it only prohibits agency situations where the principal has some control over the agent. This would rarely be the case in the immigration status letter situation. Consult the DAEOGRAM for the full rationale.

The DAEOGRAM includes a helpful reminder about the restrictions of 5 C.F.R. § 2635.702, which include a prohibition against a Federal employee creating the appearance of Governmental sanction or endorsement of his or another’s personal activities. Therefore, a Federal employee may sign a letter of recommendation using his official title and/or agency letterhead only:

1. in response to a request for an employment recommendation or character reference, and
2. based upon personal knowledge of the ability or
character of an individual

a. with whom he has dealt in the course of Federal
employment, or
b. whom he is recommending for Federal employment. 

Conflict of Interest & Ethics Violation Summit

Wednesday, May 23 is the last day to register for the May 30 Conflict of Interest & Ethics Violation Summit. The impressive lineup of scheduled speakers includes: 

• The Honorable Daniel R. Levinson,  Inspector General, U.S. Department of Health & Human Services
• The Honorable Robert I. Cusick, Director, U.S. Office of Government Ethics
• Ms. Brenda Morris & Mr. Stuart Berman, Principal Deputy DOJ Public Integrity & Deputy Chief - District of Maryland
• Mr. Bill Lenox  & Mr. Reid Muoio,  Ethics Counsel/Designated Agency Ethics Official & Branch Chief - Division of Enforcement, U.S. Securities & Exchange Commission 
• Ms. Lauren Fuller,  Chief Investigative Counsel - Senate HELP Committee

Details are in a May 15 e-mail from OGE, which should be archived at OGE's web site. The site is not responding as I write this morning, but this is probably just a temporary problem. If you work in the ethics area and are not already on the OGE mailing list, it's a good idea to subscribe.

Update: The OGE web site is now available again, but it looks like they did not archive this e-mail there. To register, contact JoAnne Padberg at this address (format modified to reduce exposure to spammers): JoAnne DOT Padberg AT oig DOT hhs DOT gov

Temporary Assignments at OGE

The U.S. Office of Government Ethics (OGE) has current openings this under its temporary rotational assignment program.  The purpose of the program is "to strengthen the executive branch ethics program by providing professional development opportunities for executive branch employees who work in the ethics program as well as for OGE employees who have substantive ethics program duties." Part time work is a possibility. 

A previous DAEOgram gives details about the program. Contact Trish Zemple (202-482-9286) for more information.

OGE Removes Obsolete Regs on Honoraria

The Office of Government Ethics issued techical amendments to 5 C.F.R. 2634, 2635, and 2636 relating to charitable payments made in lieu of honoraria, and the reporting of such payments.  The amendments become effective on May 7, 2007.

The notice in the Federal Register for April 6, 2007, may be found at :  http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-6228.pdf

USB Drive Blues?

Having trouble reading the material on the USB drive you picked up at last week's OGE conference? The problem is most likely your agency's security policies. To reduce the spread of computer viruses, many agencies are "locking down" PCs. Ask your IT support to adjust your PC's settings so it will recognize the USB drive. There's too much good information on it to let it sit idle.

Impressions of 2007 OGE Conference

The 2007 Office of Government Ethics conference seemed to this observer to be an unusually successful meeting. Due to giving a couple of presentations myself, I wasn't able to attend as many other sessions as I would have liked, but the consensus of remarks I heard from other attendees was highly favorable. Several people singled out plenary session speaker Secretary of the Interior Dirk Kempthorne as particularly engaging.

My three years at the University of Kentucky may have predisposed me to trust anyone with new OGE head Robert Cusick's Kentucky drawl, but for whatever reason, he impressed me a great deal. I was encouraged to hear he is making contractor employees and value-based ethics two of his top priorities. I can't imagine two more relevant and important topics.

Congratulations to OGE's Carolyn Chapman for her program recognizing innovative federal training programs. We'll be contacting all the the winners and try to make as much of their material as they are willing to share available through this web site.

All in all, an excellent conference as far as I'm concerned!

The single most enjoyable aspect of the conference? Getting a lot of fantastic feedback about this web site. One DAEO told me it is the first thing he checks every morning! The credit goes to the site's sponsor, the Interagency Ethics Counsel, and in particular our excellent team of volunteer Reporters. Their dedication and consistent high quality are what make this site a top resource for the federal ethics community.

The only minor critique I heard was a sense of amazement that more people had not learned about the value of the IEC Journal, especially people outside the DC area. We'll be doing more to get the word out, but in the meantime, our present readers can help us by passing along information about this site to those who would benefit.

A spate of bad weather and related flight cancellations that disrupted travel home for many OGE conference attendees, including me. Making the best of a bad situation, I'm entering this post from a restaurant with WiFi access in the Orlando airport. Despite this minor blemish, I'm looking forward to the next conference.