AFGE Local 2113 - OGE450
Confidential Financial Disclosure Report

A new regulation (5 CFR 2634) was issued in 1992 describing who should file confidential financial disclosure reports. Also in 1992, the number of persons required at NAWCTSD to file confidential reports jumped to 921 from only 220 in 1991. In a memorandum, dated September 14, 1994, the director of the Office of Government Ethics (OGE writes the governing CFR regulation), indicated that the 1992 regulation, though it granted more flexibility in designating filers, was not intended to increase the number of filers. Since that time, the general counsels of DoD and DoN have issued memoranda suggesting ways in which employees may be excepted from filing.

The Office of Government Ethics (OGE), DOD Office of General Counsel, General Counsel of the Navy, SecArmy, and COMNAVSUPSYSCOM, all issued guidance reducing requirements for "micropurchasers" to file OGE Confidential Financial Disclosure reports. "Micropurchasers" are currently defined as persons whose combined annual purchases total less than $100,000. If, after reviewing the guidance linked below, you suspect that you may have been inappropriately required to file one or more OGE 450 reports, we would like to hear from you, and we ask that you please complete and return our OGE 450 survey.

Various parts of the information which is linked above was brought to attention of Geoffrey Chun (General Counsel, NAWCTSD) on 16 and 22 November 2000, Frank Jamison (deputy head, Research & Engineering) on 14 December 2000, and Captain Don R. Gagnon (CO, NAWCTSD). After interest had been expressed by Ray Malatino (Executive Director, NAWCTSD), Captain Gagnon was briefed by Local 2113 on 04 June 2001 and was provided copies of relevant pages, specifically including the DirOGE's memorandum DO-94-031 indicating that the 1992 regulation was not intended to increase the number of filers and urging agencies to reevaulate their designations, and the memos from GC's DoD and DoN, SecArmy, and ComNavSupSysCom. At that time, Capt Gagnon informed members of the Local 2113 Executive Board that Geoffrey Chun was already reexamining designation criteria at NAWCTSD. After the presentation, Capt Gagnon asked what Local 2113 proposed. Having pointed out that confidential filing requirements at NAWCTSD jumped from 220 in 1991 to 921 in 1992, we suggested that Management might revert to designation criteria in effect for 1991.

Information, which was received in December 2001 in response to a FOIA request from Local 2113, suggests that some change probably was made to NAWCTSD designation criteria in 2001 (see table below), but the number of persons who were required to file in 2001 is still considerably greater than it was in 1991. Though Local 2113 brought this matter to the attention of Management, we did not participate in designing the new designation criteria, and we have not requested to negotiate on this matter, but it is a possible subject for negotiation at contract renewal times.

Grievability and arbitrability of filing designations has already been tested by AFGE Local 3258. In 53 FLRA No. 115 (Feb 19, 1998, go to http://www.flra.gov/decisions/start/searchpg.html and search for "0-AR-2734"), it was determined that designation to file OGE 450 was grievable and arbitrable; however, subsequent to that case, 5 CFR 2634.906 was rewritten to specifically exclude such grievability or arbitration (thereby nullifying the effect of 0-AR-2734). In that change, it was clarified that the agency head (or his designee) is the "sole and exclusive" and final review authority (63 FR 15273-15274). For employees represented by Local 2113, the "agency" is the Department of the Navy (5 CFR 2634.105(b), 5 USC 102), and the designee for DoN is the Office of the General Counsel (DoN). OGC, DoN can be contacted at:

Office of the General Counsel
Department of the Navy
1000 Navy Pentagon
Washington DC 20350-1000

Through the Freedom of Information Act, AFGE Local 2113 has obtained the following data describing filing requirements in past years.

Year Required
Confidential
filers
Required
Public
filers
Total
NAWCTSD
workforce(9/30)
1990 3
1991 220 4
1992 921 3
1993 870 2
1994 833 1 1061
1995 858 2 1051
1996 795 2 1044
1997 841 2 1059
1998 856 2 1076
1999 863 3 1065
2000 904 1 1109
2001 618 2 1090
2002 823 4 1153
2003 867 2 1067
2004 850 2 1030

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This page was last updated on February 23, 2005