Subject: another document for today
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], "Jim Steinberg" <[email-masked]>, [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], "Phil Schiliro" <[email-masked]>
Date: Fri, 10 Oct 2008 04:15:23 -0500

Apologies for the late circulation of this memo.  This is the draft ethics memo that we'll be discussing in the afternoon.  We will also have paper copies available.

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.