Rule on Teaching, Speaking Upheld

A federal appeals court has upheld ethics rules that restrict the ability of federal employees to receive payments for teaching, speaking or writing in areas under their official job duties. The Tenth Circuit court of appeals in case No. 04-5194 rejected the appeal of a Social Security Administration administrative judge who co-wrote a book on the SSA disability adjudication process. The AJ contended that he could be paid under a provision of those rules allowing receipt of payments for teaching, speaking or writing on a “subject within the employee’s discipline or inherent area of expertise based on his educational background or experience.” But the court agreed with the Office of Government Ethics that the exception applies only if the teaching, speaking or writing does not deal in significant part with the “specific matters to which the employee is or, within the past year, has been assigned, or to any ongoing or announced policy, program or operation of the agency.”