Subject: Transition personnel guidance memo
From: "Chris Lu" <[email-masked]>
To: "Chris Lu" <[email-masked]>, "Adam Hitchcock" <[email-masked]>, [email-masked], [email-masked], [email-masked], "Valerie Jarrett" <[email-masked]>, [email-masked], [email-masked], [email-masked], "Pete Rouse" <[email-masked]>, "Melody Barnes" <[email-masked]>, [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], [email-masked], "Gitenstein, Mark H." <[email-masked]>
Cc: [email-masked], [email-masked], "Jayne Thomisee" <[email-masked]>, [email-masked], [email-masked], [email-masked], [email-masked], "Katie Johnson" <[email-masked]>, "Elizabeth Utrup" <[email-masked]>, [email-masked]
Date: Thu, 16 Oct 2008 14:39:06 -0500

Forwarded at the request of Cassandra Butts.

Memorandum

 

To:       Transition Board

From: Bob Bauer

Cassandra Butts

Ethics Legal Team

Date:  October 16, 2008

Re:       Transition Personnel Guidance

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This memorandum sets out the requirements for the Transition's
recruitment and use of personnel in the employ of government agencies
and private sector organizations.

Executive Branch Employees

                1. Executive branch employees may be "detailed" to the
Transition with the consent of the head of their agency. These employees
continue to receive their regular salary and benefits, but the
Transition is required to reimburse their agencies for their services.

                2. Other executive branch employees - "non-detailees" -
may volunteer to work on the Transition during their own time, subject
to the usual executive branch ethics rules governing outside activities.
An executive branch employee who wants to volunteer must consult with
his and her agency ethics officer to identify and satisfactorily address
the relevant ethical and legal requirements. In addition, no such
employee may commence work with the Transition until the transition
legal team has reviewed and approved appropriate documentation that
these requirements have been satisfied.

Congressional Staff

             1. It is generally the policy of the Transition that
Congressional staff will not serve as volunteers or as paid, "detailed"
personnel, in the Transition, subject to exceptions where it is
determined that the particular experience or skills possessed by a staff
member would significantly contribute to the successful achievement of
the Transition's objectives. All such decisions will be made on a
case-by-case basis and should be submitted to the Transition legal team
for review and approval.

            2. Congressional staff who are approved for service to the
Transition but who remain on the congressional payroll may work on the
Transition during business hours, provided that they are working on
matters related to their legislative responsibilities (i.e.,
"legislative matters") and that they have the approval of the Member of
Congress for whom they work. The employing Member of Congress must
determine whether an employee's proposed Transition work is within his
or her legislative duties. All such determinations must be submitted in
writing to the Transition legal team, and no staff member may commence
work with the Transition until the transition legal team has reviewed
appropriate documentation of this approval.

            3.  Congressional staff may also work for the Transition as
"detailees." A detailed congressional staffer works under the direction
and supervision of Transition personnel, and the Transition must
reimburse the appropriate congressional payroll office for that
staffer's salary. All proposed "detail" arrangements must be submitted
to the Transition legal team for review and approval.

            4.     Congressional staff working on Transition matters
with the requisite approvals may work on Transition-related matters full
or part-time, either at their congressional office or the Transition
offices.

Private Sector

             1. Private sector employees who work for corporations,
partnerships, or other entities and self-employed people may work for
the Transition on a volunteer or paid basis in compliance with the
Transition code of conduct. In many instances these people will be asked
to volunteer, in order to conserve the Transition's funds. Those who
volunteer, however, must do so on vacation time, on leave granted
pursuant to established leave policies, or otherwise on their own time
and not the time of their employer: the Transition does not accept
in-kind support from corporations or other business entities, including
partnerships. All vacation time and leave arrangements must be
documented and provided to the Transition legal team prior to
commencement of work with the Transition.

                2. The terms of this section also apply to persons
employed by academic institutions, whether private or public.

                3. The rules for participation by private sector
employees apply to profit and non-profit organizations.

State and Local Government Employees

                Neither federal law nor the rules of the Transition
place any special restrictions on employees of state or local
governments who wish to work for the Transition on either a volunteer or
paid basis. However, state and local governments may themselves have
rules governing dual compensation and potential conflicts of interest.
As such, state or local government employees must submit to the
appropriate state and local government ethics officer, for review and
documented approval, all requests or plans to work for the Transition,
on a volunteer or paid basis, and all such approvals when received must
be submitted to the Transition legal team for review and final approval.