USDOJ: JMD: Departmental Ethics Office: Teaching, Speaking, and Writing

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Generally, an employee may not be compensated for speaking or writing that relates to his official duties. A subject matter relates to an employee's official duties if it deals in significant part with a matter to which the employee is presently assigned or has been assigned in the last year; any ongoing or announced policy, program or operation of the Department; or in the case of a non-career employee, the general subject matter area primarily affected by the programs and operations of the Department. 5 C.F.R. § 2635.807 (see Subpart H - Outside Activities). Under 5 C.F.R. § 3801.103 most components in the Department are designated as separate. This means that an employee would only be prohibited from accepting compensation for speaking or writing on a subject matter related to the policies, programs or operations of his component, not the entire Department.

There is an exception for teaching certain courses, even if the course relates to an employee's official duties, provided the course requires multiple presentations and: is offered as part of a regularly established curriculum of an institution of higher education; an elementary or secondary school; or a program sponsored and funded by the Federal Government or by a state or local government which is not offered by an entity described above. An employee may accept compensation for teaching a course provided it meets these requirements. An employee in a non-career position above GS-15 must have advance authorization before engaging in teaching for compensation. 5 C.F.R. § 2636.307 (see Subpart C - Outside Earned Income Limitations).

When engaging in teaching, speaking or writing in a private capacity, an employee may not use nonpublic information, nor should there by any use of his official title except as part of other biographical information or for an article in a scientific or professional journal where there is a disclaimer. An employee may not use official time or that of another employee to prepare materials. Some components require advance review and clearance for certain written work and speeches.


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