1. Special Government Employee Training for 2012

2. Roles and Responsibilities Special Government Employees (SGEs): Provide advice, assistance and input regarding DOI/BLM initiatives. Deliberate in a manner that is free of conflicts of interests. Come from the private or the public sector. Definition of an SGE? “Special Government employee" shall mean an officer or employee of the executive or legislative branch of the United States Government, of any independent agency of the United States or of the District of Columbia, who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed one hundred and thirty days during any period of three hundred and sixty-five consecutive days, temporary duties either on a full-time or intermittent basis

3. Special Government Employee Training for 2012 Roles and Responsibilities Special Government Employees (SGEs): Can a BLM employee be appointed to serve on a resource advisory council? Yes, provided the employee represents the BLM or the Federal government. Special Government Employee BLM Employee

4. Special Government Employee Training for 2012 SGEs are Government employees. 3 Criteria for Federal employment: a. Appointment in the civil service b. Performance of a Federal function c. Supervision by a Federal official

5. SGEs are Government employees. Do ethics laws apply to SGEs if they receive no pay (or compensation) from the government? Yes, under 18 U.S.C. § 202, the definition of SGE expressly includes those who serve without compensation. Special Government Employee Training for 2012 Do ethics laws apply to SGEs and their outside activities on days when they render no Government service? Yes, ethics rule apply to private activities (e.g., representational services, expert witness activities, etc…) equally on days when they serve the Government and days when they do not.

6. Let’s examine some of the other restrictions applicable to SGEs. 18 U.S.C. § 203 Prohibits an employee from receiving or soliciting compensation for representational services (personally or by another) before a Federal employee in connection with a particular matter in which the U.S. is a party or has a direct or substantial interest. 18 U.S.C. § 205 Prohibits an employee from personally representing anyone before a Federal employee (regardless of compensation), in connection with a particular matter in which the U.S. is a party or has a direct or substantial interest. It bars any receipt of any gratuity, share or interest in a claim, as consideration for assistance in prosecuting the claim. Special Government Employee Training for 2012

7. In both 203 and 205, SGEs are restricted in connection with representing others on particular matters involving specific parties. However, SGEs may represent others or receive compensation for representational services in connection with a particular matter of general applicability, e.g., rulemaking and legislation. Particular matters normally involve a specific proceeding affecting the legal rights of parties or an isolatable transaction, e.g., contract, grant, application, request for rulings, litigation or investigations. Under circumstances where a SGE is engaged in representational activities, he\ she must be sensitive to avoid giving the appearance that he\she is using his\her official position to gain special access or attention to Government decision-makers. SGEs may not use their public office for private gain.

8. Special Government Employee Training for 2012 Lifetime Ban. The lifetime ban prohibits a SGE from representing others in connection with the same particular matter involving specific parties in which the former employee participated personally and substantially. 18 U.S.C. 207(a)(1) Two-Year Ban. The two-year ban prohibits a SGE from representing others in connection with the same particular matter involving specific parties that was pending under the employee’s official responsibility during the last year of Government employment. 18 U.S.C. 207(a)(2) One-Year Ban (Aiding and Advising). After leaving Government service, a SGE may not represent, aid or advise others about certain ongoing trade or treaty negotiations on the basis of non- public information. 18 U.S.C. 207 (b). Post-employment rules apply to SGEs as well…

9. Special Government Employee Training for 2012 18 U.S.C. § 208. Prohibits all employees, including SGEs, from participating personally and substantially in any particular matter that has a direct and predictable effect on their own financial interests or the imputed financial interests of their: Spouse Minor child General business partner Organization in which the SGE is serving as an officer, director, trustee, general partner, employee Organization in which the employee is negotiating or has an arrangement concerning prospective employment. There’s more on the next slide…

10. Special Government Employee Training for 2012 SGEs who serve on Federal Advisory Committees (FACAs) may participate in particular matters of general applicability, such as the development of regulations, policies and standards that he/she would ordinarily be disqualified from participation because of his/her non-Federal employment or prospective employment, provided that the matter will not have a distinct effect on the employee or employer. [See 5 CFR 2640.203(g)] Let’s look at an example on the next slide.

11. Special Government Employee Training for 2012 Willa Mina is employed by Dow Pharmaceutical. She been appointed to serve on an advisory committee, established to develop recommendations for new standards for AIDS vaccine. DOW is currently developing an experimental AIDS vaccine and will be affected by the new standards. Can Willa Mina participate on the advisory committee? Select the best answer. 1.Willa Mina cannot participate on the advisory committee. 2.Willa Mina must resign from the Dow Pharmaceutical. 3.Willa Mina can participate on the advisory committee. [The new standards only effect Dow as part of a class of all pharmaceutical companies and other research entities that are attempting to develop an AIDs vaccine. Willa Mina’s role on the resource advisory committee will not have a distinct impact on Dow. As such, she can participate.]

12. Special Government Employee Training for 2012 The National Cancer Institute (NCI) has established an advisory committee to evaluate the University’s performance of a NCI grant to study the efficacy of a newly developed breast cancer drug. Can Ruby, a university employee, who is appointed to serve on the advisory committee, review the proposal? Select the best answer. 1.Ruby cannot review the proposal. 2.Ruby can review the proposal. Ruby is a university employee and may not participate in the evaluation of the University’s performance because it is not a matter of general applicability, but a matter of specific applicability, i.e., it will have a distinct effect on the University. Her review of the proposal would equivocate to a conflict of interest.

13. Special Government Employee Training for 2012 Filing Requirements for SGEs- A SGE is required to complete an OGE Form 450 for the calendar year of his or her service before beginning any work on behalf of the Federal Advisory Committee (or Resource Advisory Committee). 43 C.F.R. § 20.203 Any confidential financial disclosure requirement[s] must be satisfied by the [SGE] before he/she begins his\her employment. Note: One of the requirements imposed on every SGE is to complete annual ethics training each year.

14. Special Government Employee Training for 2012 What’s next? 14 General Ethical Principles.

15. Special Government Employee Training for 2012 1. Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain. 2. Employees shall not hold financial interests that conflict with conscientious performance of duty. 3. Employees shall not engage in financial transactions using non-public Government information or allow the improper use of such information to further any private interest. 4. An employee shall not, except as permitted by Subpart B of this part, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing, business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties. 8. Employees shall act impartially and not give preferential treatment to any private organization or individual. 9. Employees shall protect and conserve Federal property and shall not use if for other than authorized activities. 5. Employees shall not hold financial interests that conflict with conscientious performance of duty. 6. Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government. 7. Employees shall not use public office for private gain. 10. Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities. 11. Employees shall disclose waste, fraud and abuse and corruption to appropriate authorities. 12. Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those- such as Federal, State, or local taxes-that are imposed by law. 13. Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age or handicap. 14. Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this part. Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of relevant facts. 14 General Ethical Principles BLM Ethics Office (202) 912-7486

17. Date Name Training Certificate BLM Ethics Office SGE Training for 2012 [ To print this page before exiting, depress the CTRL + Prtscn at the same time. Exit. Open MS Word and depress CTRL + v, select Print.