POST EMPLOYMENT CONFLICT OF INTEREST H. Lawrence Garrett III I. II. GENERAL A. The Ethics in Government Act (Pub. L. 95-521) (the Act) broadened and added new restrictions to the existing provisions of 18 U.S.c. $207, which generally prohibit a former Government employee from acting as another person's representative to the Government in matters in which the employee had been involved while in the Government. 1. Post-Employment Generally. It is important to note that nothing in the Act requires a former employee to decline employment with any organization regardless of dealings with that organization while a Government employee. 2. Required Nexus. With the exception of the 207 (c) bar, what is prohibited depends upon the former employee's degree of involvement in the matter while with the Government and whether he or she was one of a specified group of high-ranking employees ("Senior Employees"). GENERAL RESTRICTIONS APPICABLE TO ALL FORMER EMPLOYEES A. Permanent Bar. (5 C.F.R. 737.5) After leaving Government employment, a former employee may not serve as another person's representative to the Government on a case, contractual matter or other similar application or proceeding, formal or informal, in which he or she participated personally and substantially while a Government employee. 1. There are two important limitations to this V-1 includes not only acting as another's attorney or agent, B. Two-Year Bar. (5 C.F.R. 737.7) This is basically the same bar as above, except that it applies for only two years and covers all particular matters which were actually pending under the former employees "offical responsibility" in his or her last year of Government service. An employee's official responsibility is usually defined by statute, regulation, written delegation of authority or job description. 1. There may be times when a former employee is in doubt as to whether a matter was under his or her official responsibility, whether it is the same "particular matter" as that with which he or she was involved or whether the United States still has an interest in the matter. His or her former agency has an obligation to advise promptly on those questions as provided in the regulations issued by the Office of Personnel Management (5 CFR 737). III. RESTRICTIONS APPLICABLE ONLY TO SENIOR EMPLOYEES A. Two-Year Bar on Assisting Representing. (5 C.R.F. 737.9) For two years after leaving Government employment, a former Senior Employee may not assist in the representation of another person by personal presence at an appearance before the Government on any particular matter in which he or she could not act as the person's actual representative because of his or her substantial personal participation in the matter while in Government. 1. It is important to note that this restriction does |