Are employees entitled to notice before an ethics official contacts OGE and White House Counsel?
An agency sent a report to OGE regarding a former official whose request for reimbursement of attorney fees for contesting the DAEO determination that he violated the gift rules was denied. OGE concurred with the report, and highlighted some things about the report that it felt was inaccurate. For example, the agency is entitled to provide its opinion to OGE and the White House without giving the employee notice. Second, employees are not entitled to resolve the matter by paying market value as a first opportunity. The employee could do this on his own initiative and not wait to be contacted. Finally, OGE concludes by stating that the gift prohibitions do not depend on specific intent. Lack of notice of the standards of conduct regulation is not a defense to the charge. 06 x 5. Can a position exemption under 18 USC 207(c)(2)(C) be used to authorize a limited set of communications (i.e., communications to current agency employees that are detailed to another agency) that would otherwise
