Robert W Gee SS # 454-98-2574 Month/Year:2/97 Nature of Action Appeal of administrative agency action Result of Action Pending Parties Involved Southwestern Bell Telephone Company v. MCI Telecommunications State: Texas Zip Code: 78701 Month Year: 2/97 Nature of Action: Appeal of administrative agency action Result of Action: Pending Parties Involved MCL Telecommunications Corporation, a Delaware corporation, and MCTMetro Wood. III. Judy Walsh, and Robert W. Gee, in their official capacities as Commissioners of the Court United States District Court, Western District of Texas. Austin Division Zip Code: 78701 Month Year | 97 Nature of Action. Appeal of administrative agency action Result of Action Pending Parties Involved Southwestern Bell Telephone Company v. MCImetro Access TransmissION Parties Involved: Southwestern Bell Telephone Co. v. Public Utilty Commission oL TEXASPAR Court. United States District Court. Western District of Texas. Austin Division 13. 14 15 Parties Involved GTE Southwest, Inc. v. Patrick H. Wood. III. Chairman, Judy W. Walsh. Zip Code: 78501 Month/Year: 4/97 Nature of Action: Appeal of administrative agency action Result of Action: Pending Parties Involved: GTE Southwest. Inc. v. Patrick H. Wood. Chairman, Judy W. Walsh. Zip Code: 78501 Month/Year: 1/97 Nature of Action: Appeal of administrative agency action Result of Action: Pending Parties Involved: GTE Southwest. Inc. v. Patrick H. Wood. Chairman. Judy W. Walsh. Court: United States District Court, Southern District of Texas, McAllen Division Zip Code: 78501 $ This memorandum is intended to serve as a statement from the designated agency ethics official for this Department, to be included with the Statement for Completion by Presidential Nominees that you are submitting to the United States Senate Committee on Energy and Natural Resources in connection with your nomination to the position of Assistant Secretary for Policy and International Affairs, U.S. Department of Energy. I have reviewed your Executive Branch Public Financial Disclosure Report (Standard Form 278) dated June 1, 1997, and have certified that the information contained therein discloses no conflict of interest under applicable laws and regulations. Section 208, title 18, United States Code, prohibits a Federal officer or employee from participating personally and substantially, as a Government employee, in any particular matter in which, to his knowledge, he has, or his spouse, minor child, general partner, organization in which he is serving as officer, director, trustee, general partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment has, a financial interest. On your Public Financial Disclosure Report, you indicated your fall within the regulatory exemption, you should contact this office immediately for guidance. At that time, we will determine whether you should divest of the holding or whether a waiver of the participation prohibition is appropriate. In addition, you have received a copy of the "United States Senate Committee on Energy and Natural Resources Recusal Policy," dated May 6, 1993. You have agreed to adhere to the Committee's recusal policy upon appointment to the position of Assistant Secretary for Policy and International Affairs. The Standards of Ethical Conduct for Employees of the Executive Branch, 5 C.F.R. Part 2635, also contain a participation restriction. Section 2635.502 provides that where an employee knows that any entity, for whom the employee has within the last year served as a consultant, director, officer, or employee, is a party, or represents a party, to a particular matter involving specific parties, and where the employee has determined that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality in the matter, the employee should not participate in the matter unless he has informed the agency designee of the appearance problem and receives authorization from the agency designee. You reported that your term as a Commissioner of the Public Utility Commission of Texas expired on August 31, 1997. In connection with your service as a Commissioner, you also had official relationships with a number of other entities. You served as a member of: the Electric Utility Restructuring Forum Advisory Committee of the Consumer Energy Council of America Research Foundation, the Advisory Council of the Electric Power Research Institute, the Harvard Electricity Policy Group, the Keystone Center Energy Board, the Mid-America Regulatory Conference, the Executive Committee of the National Association of Regulatory Utility Commissioners, the National Council on Competition and the Electric Utility, and the Advisory Council of the New Mexico State University Center for Public Utilities. Your relationship with each of these entities terminated on If it is determined that you should divest of the holding, you can request a certificate of divestiture from the Office of Government Ethics at that time. As far as a waiver is concerned, 18 U.S.C. $ 208(b)(1) provides that the participation restrictions of section 208(a) shall not apply if the employee first advises the Government official responsible for appointment to his position of the nature and circumstances of the particular matter, makes full disclosure of the financial interest, and receives in advance a written determination from that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services that the Government may expect from such employee. August 31, 1997. Accordingly, you must seek the advice of this office prior to participating in any particular matter in which any of the entities listed above is, or represents, a party. You also serve in your personal capacity as a Trustee of St. Edward's University and as a member of the Board of Advisors of the University of Texas Law School Center for Public Policy Dispute Resolution. You have advised me that you will be resigning from both of these positions upon your appointment as Assistant Secretary for Policy and International Affairs. Accordingly, you must seek the advice of this office prior to participating in any particular matter in which either of these two entities is, or represents, a party. You also reported that you are currently a senior fellow of the American Leadership Forum and a fellow of the Texas Bar Foundation. Both of these entities are nonprofit organizations. You have advised me that you intend to continue to serve with these organizations after your appointment. Pursuant to Department regulations, Secretary Peña has been advised of your service with these organizations and he has determined that you may continue to participate in these personal activities. This office has no legal objection to your continued service; however, as described below, there are a number of restrictions that apply to outside activities. You have agreed to comply with these restrictions. The Standards of Ethical Conduct for Employees of the Executive Branch prohibit you from engaging in outside employment or any other outside activity that conflicts with your official duties. An activity conflicts with your official duties if it is prohibited by statute or it would require your disqualification from matters so central or critical to the performance of your official duties that your ability to perform the duties of your position would be materially impaired. Since neither the American Leadership Forum nor the Texas Bar Foundation does business with the Department, or is directly affected by Department policies, it does not appear that either of these activities will give rise to a need to disqualify yourself from any of your official duties. Further, the Standards of Ethical Conduct for Employees of the Executive Branch prohibit you from using your public office for the private gain of friends, relatives or persons (including nonprofit organizations) with whom you are affiliated in a nongovernmental capacity. Accordingly, you are prohibited from using your Government title or position in connection with your involvement with these entities. In addition, Government property cannot be used to support these activities. You are also prohibited from using the official time of your subordinates, other than in an honest effort to perform official |