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.

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February 26, 2008

08x2: Political Appointees and Book Deals

OGE summarizes the restrictions on a political appointee who was interested in writing a book not related to his official duties.

November 1, 2005

05x7: Issues Pertaining to Covered Noncareer Employee

Provides guidance on various restrictions on covered noncareer employee pursuant to Title V of Ethics in Government Act and 5 C.F.R. part 2636; also guidance with respect to determining status as special government employee

August 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.

December 27, 1990

90x27: Applicability of the Honoraria Ban to Payment for Encyclopedia Articles

The honoraria ban prevents government employees from receiving fees for any nonfiction article they may want to publish and likely applies to the encyclopedia articles and contributions (Note: Honoraria ban subsequently held unconstitutional by the U.S. Supreme Court).

December 27, 1990

90x28: Applicability of the Honoraria Ban to Payment for Works of Science Fiction

The honoraria ban does not include works of fiction, poetry, lyrics or scripts and would not prohibit a government employee from publishing science fiction stories (Note: Honoraria ban subsequently held unconstitutional by the U.S. Supreme Court).

December 18, 1990

90x26: Applicability of the Honoraria Ban to Payment for Tour Guide Services

The honoraria ban does not apply to part-time work as a licensed tour guide (Note: Honoraria ban subsequently held unconstitutional by the U.S. Supreme Court).

November 28, 1990

90x24: Effect of Title VI of the Ethics Reform Act of 1989

This memorandum provides initial guidance regarding the application of Title VI of the Ethics Reform Act, specifically provisions that prohibit the receipt of honoraria and limit the outside earned income and employment of certain high-level noncareer employees (Note: Honoraria ban subsequently held unconstitutional by the U.S. Supreme Court).

November 15, 1990

90x22: Application of Restrictions on Outside Earning and Employment Activities

The restrictions in Title VI of the Ethics Reform Act of 1989 on outside earning and employment activities apply to an agency board member, despite specific statutory job requirements, because the member is a non-career officer of the government, is compensated at a rate in excess of the GS-16 rate, and is not a special Government employee.

November 2, 1990

90x20: Applicability of the Outside Earned Income Limitation

The outside earned income limitation does not exempt donations to charity in amounts exceeding the limitation; it cannot be avoided by accepting compensation in a forms other than cash; it includes dividend received from a corporation to operate a business; and it encompasses deferred payments for services that were performed in the calendar year.

April 13, 1983

83x6: Payments to a Government Employee as a Result of a Covenant Not to Compete

Payments made under a Covenant Not to Compete entered into by a recent appointee may not raise a question under 18 U.S.C. ยง 209 if they were made pursuant to an agreement entered into before contemplation of Government Service and for a normal business purpose. However, 18 U.S.C. 208 applies for any action affecting that corporation.

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