Subject: Re: Transition code of conduct
From: "Christopher Edley" <[email-masked]>
To: "Chris Lu" <[email-masked]>, [email-masked], "Cassandra Butts" <[email-masked]>
Date: Thu, 7 Aug 2008 15:12:01 -0700

Please be sure to read this carefully. I think it is terribly problematic.
I don't want to be accused of "drama", of course, but I don't want to just
accede to something that's bad.

On Thu, Aug 7, 2008 at 11:05 AM, Chris Lu <[email-masked]> wrote:

>  On tomorrow's conference call, we will also be discussing the code of
> conduct for people working on the transition.  Attached for your review is a
> draft put together by Bob Bauer.  In addition, we'll be discussing the
> national security working group.  Attached is the memo circulated last week.
>
>
>
> Obama Transition Fund
> Code of Ethical Conduct
>
> As a condition of being permitted to serve as a member of the Obama
> Transition Project, I agree to abide by the following requirements:
>
> 1.      I will disqualify myself from involvement in any particular Obama
> Transition Project matter which to my knowledge may directly conflict or
> appear to conflict with a financial interest of mine, my spouse, family
> member, partner, client, or other individual or organization with which I
> have a business or close personal relationship or had such a relationship
> within the past 12 months.
>
> 2.      I will disqualify myself from involvement in any particular
> transition matter the subject of which I have engaged in reportable lobbying
> activities, as defined by the Lobbying Disclosure Act, within the previous
> 12 months.
>
> 3.      I will not solicit or accept any money or things of value in
> exchange for a promise to support or use influence on behalf of any person
> who is a candidate for any appointive office or place in the United States
> Government.
>
> 4.      I understand that in my Obama Transition Project-related
> activities, unless given specific authorization, I am not permitted to make
> any representations on behalf of Senator Obama or the Democratic Nominee for
> Vice President, their designees, or any official of the Obama Transition
> Project.
>
> 5.      I understand that authorization is required from the Obama
> Transition Project's Executive Director or the Executive Director's designee
> before seeking, on behalf of the Obama Transition Project, access to any
> non-public information.
>
> 6.      I will hold in confidence any non-public information provided to
> me in the course of my duties with the Obama Transition Project and ensure
> that such information is used exclusively for purposes of the Obama
> Transition Project.
>
> 7.      I will not use or permit to be used any non-public information, in
> any manner, for any private gain for myself or any other party, at any time
> during or after the operation of the Obama Transition Fund.
>
> 8.      During my service with the Obama Transition Project, I will not
> communicate with or appear before, with the intent to influence, any federal
> agency with respect to which I have substantial responsibility during the
> activities of the Obama Transition Project, on behalf of any other person or
> entity (except federal, state, or local government entities).  I will
> promptly cause my firm or organization to establish reasonable procedures to
> assure that I will not participate in any undertaking with respect to which
> I am affected by this provision.
>
> 9.      For 12 months following the conclusion of my service with the
> Obama Transition Project, I will not on behalf of any person communicate
> with or appear before, with the intent to influence:
>
> a.       any federal agency for which I had substantial responsibility
> during my service to the Transition Project, ; or
>
> b.      any federal agency on a particular regulatory or policy matter for
> which I had substantial responsibility during my service to the Transition
> Project.
>
> 10.  I will conserve and protect any federal property entrusted to me, and
> shall not use federal property, including motor vehicles or other forms of
> transportation, stationery, printing, equipment and supplies, other than for
> purposes directly related to the activities of the Obama Transition Project.
>
> 11.  Neither I nor any member of my immediate family will accept a gift
> from:
>
> a.       anyone who is seeking a job with the federal government;
>
> b.      a federal employee in any agency or department within the scope of
> my Obama Transition Project responsibilities;
>
> c.       any person or organization that conducts activities regulated by
> or has a matter pending before an agency or department within the scope of
> my Obama Transition Project responsibilities; or
>
> d.      any person or organization under circumstances where it may
> reasonably appear that the gift is being given in order to influence my
> decisions, advice, recommendations or actions as an Obama Transition Project
> member
>
> 12.  If I am currently a federally registered lobbyist:
>
> a.       I understand that I may not contribute to or collect
> contributions for the Obama Transition Project.
>
> b.      I understand that I may not incur any expenses on behalf of the
> Obama Transition Project, whether they are paid by me personally or by my
> employer.
>
> c.       I understand that I will not be permitted to serve in a titled
> role for the Obama Transition Project, including but not limited to serving
> as a chair of a working group or holding an honorific title, and that no
> final recommendation memorandum will bear my name.
>
> 13.  I will not represent, aid or advise a foreign government or foreign
> political party.
>
> I understand that my commitment to abide by these requirements may be made
> public and that this document will be made available to any department or
> agency to which I may be assigned.  I will seek guidance from the Counsel to
> the Obama Transition Project, or designated agency ethics officials, as
> appropriate, if necessary to ensure compliance with these standards of
> conduct.  I furthermore acknowledge that failure to comply with the above
> provisions may result in my dismissal from the Obama Transition Project and
> that other sanctions may be imposed as appropriate.
>
> ___________________________________
> Name
>
> ____________________        ___________
> Signature                                 Date
>
>
>

-- 
(personal email)
Christopher Edley, Jr.
Professor and Dean
UC Berkeley Law School