87 



10 



timoshoGts, which showed that ^HB^ did not work on a PSTA 

 contract. As mentioned above, LCL's coiisultinq work for PSPA was 

 only a small portion of the services LGL performed in 1991. LGL 

 did no consulting work for the Council. 



r/)" 



Pautzke asked ^^H^^Hi^^^, Attorney-Advisor for the National 

 Oceanic and Atmospheric Administration (NOAA) , Juneau, Alaska, 

 for advice on whether fl^^fr would violate conflict of interest 

 laws by working for LGL. ■■^■■^ requested an opinion from the 

 Office of General Counsel on whether MH^ work tor LGL would 

 violate post employment conflicts laws. 



Barbara S. Fredericks, Assistant General Counsel for 

 Administration, drafted a nemorandura dated November 22, 1991, 

 stating that the post employment restrictions of 18 U.S.C. § 207 

 do not prohibit M|^^ from working for a consulting firm that 

 provides analytical services or from making a presentation to the 

 Council. The basis for this position is that § 207. prohibits 

 only representational activities, and to the extent that ^K^M 

 only consults for LGL, he does not provide representational 

 services. Further , ^^^^ may present his analysis to the Council:' //\^ 

 because the fishery management plan ■^^K worked on at the (1 H'-^ 

 Council is a matter of gener al policy, not a p articular matter _.^ 

 involving specific parties. ^I^HBil^^lll^ stated that he ( 1)1^ 

 believed this memorandum applied to him as veil. 





Conclusion 



fli^^k worked on the I/O issue at the Council and subsequently 

 accepted employment with LGL, where it appears he did not work on 

 the I/O issue. Even if he worked on the I/O issue for LGL, that 

 would not constitute a violation of 18 U.S.C. § 207 for the 

 reasons cited in the GGC opinion. 



(^W 



While SB^^ nay not have run afoul of 18 U.S.C. 



culpable under other statutes and regulations. 



certain about the nature of BI^BV work at LGL, 



after he accepted employment with tha t fir m, he worked on the I/O 



issue at the Council. flBHa^iM^^i^H^i^^^^BH^iiHHa^H^^Bi^^^K. 



§ 207 he may be ( V^ 

 Though we are not 

 we know that 



/'" W; 





At a minimum. 



flB^B^ actions clearly conflicted with the fair and impartial 

 conduct of his Council duties, thus violating 50 C.F.R. § 

 601.35(b) (4) . 



