Unique Ethics Challenges Faced by MultiMember Boards and

Unique Ethics Challenges Faced by Multi-Member Boards and Commissions

Panelists Amy Mertz Brown – Securities and Exchange Commission Joseph Gilman – Defense Nuclear Facilities Safety Board Andrew Welz – National Transportation Safety Board Neysa Slater-Chandler – Nuclear Waste Technical Review Board

Discussion Topics Distinguishing between Personal and Official capacity Issues related to Board Members or Commissioners who are SGEs Recusals and screening of Board Members and Commissioners Who is the “head of agency? ” Chairman versus other Members/Commissioners Advising Board Members or Commissioners on appearance concerns Advising Board Members or Commissioners from different political parties

Special Government Employees (SGEs) References to Have at Your Fingertips OGE 00 x 1, Memorandum of February 15, 2000, Regarding Summary of Ethical Requirements Applicable to Special Government Employees OGE DO-03 -021, Memorandum of October 23, 2003, Financial Disclosure Reporting Requirements for Special Government Employees OGE 07 x 1, Memorandum of January 19, 2007, Regarding Counting Days of Service for Special Government Employees OGE 03 x 7, Letter of November 20, 2003, Counting Days of Service for Special Government Employees OLC, Memorandum Opinion of October 28, 1993, Applicability of the Emoluments Clause to Non-Government Members of ACUS OLC, Memorandum Opinion of January 26, 2007, Days of Service by Special Government Employees