Special Government Employees (SGE)

Appointment of Special Government Employees (SGE)

SGE can be added to an advisory committee in several ways. One is by appointment, one is by contract and one is by use of the Advisory Committee Act. The strengths and weaknesses of the three options are described below.

• All SGE must file confidential financial disclosure reports. The legal authority used to hire the SGE will not change that status.

For example, if the SGE is hired under a contract authority, then the SGE still is required to provide independent views to the agency. This is consistent with the Federal Acquisition Regulations which prohibit agencies from entering into employer-employee relationships when entering into contracts for personal services.

• SGE could be appointed under an appointment authority. Agencies should be aware, however, that by doing so, the SGE could claim they were entitled to certain benefits stemming from that appointment.

By using a contract authority, it is clear that the SGE is hired to perform under the terms of the contract. However, since the contract is to procure services, it is subject to the Federal Acquisition Regulations.

• The final and best alternative is to neither appoint nor hire the SGE by contract. Rather, the Advisory Committee act expressly contemplates payment to SGEs in section 7. The regulation specifically sets forth a formula at 41 C.F.R. section 101-6.1033. Rather than be concerned about benefit claims on an appointment authority, or about complying with the Federal Acquisition Regulation, the proper authority to pay SGEs is the Federal Advisory Committee Act itself.