Retirement and separation: The next chapter Published June 3, 2011 By Biron Ross 14th Flying Training Wing Judge Advocate COLUMBUS AIR FORCE BASE, Miss. -- Summer is usually a time for transition. That is why many choose this season to conclude their Air Force career and start the next chapter of their lives. Some will chose start a new career in federal service, others as government contractors, and others as semi-professional fisherman. Whatever the career choice, there are some basic rules that one must consider. Seeking Employment When beginning a job search, you should avoid the temptation of using government resources. The Joint Ethics Regulation prohibits the use of government property and time for anything other than official duties. Your supervisor or commander may authorize the use of government equipment; however, don't assume that your use is reasonable or authorized unless you clear it in advance. If you are currently negotiating for employment with a company that does business with the government, then you may need to issue a written notice of disqualification. The notice of disqualification serves notice to your department and superiors of your intent to seek employment with the company and requests removal from any particular matters with respect to said company. However, please be aware that merely "seeking" employment (e.g., sending an unsolicited resume) with such a company can also create a conflict of interest, which would require a written notice of disqualification. Please consult the legal office to obtain specific guidance on notices of disqualification. Accepting an Offer of Employment Before accepting any offer of employment, here are some of rules you should consider: · Military members intending to begin employment while on terminal leave must first obtain permission. The request, and approval, should be accomplished via the AF Form 3902 or another written document. Supervisors and commanders should obtain legal review of off-duty employment requests prior to approving them. Additionally, retired military members are prohibited from representing non-federal organizations before any federal agency while on terminal leave. · Military members are prohibited from accepting civilian employment (civil service) within DOD for six months from separation unless an exception is applicable. [5 U.S.C. § 3326] · General officers and senior civilian personnel are banned for one year from representing another party before their former agency with the intent to influence any official action. [18 U.S.C. 207] · Air Force personnel who work with contracts and procurement, or make key decisions in this area, must also be aware of the special restrictions arising from The Procurement Integrity Act (41 U.S.C. 423), to include a one year ban on acceptance of compensation in certain situations. · Retiring or separating Air Force personnel are barred for two years from representing another party before any Federal agency or court regarding a particular matter that fell under their official responsibility during their last year of federal employment. [18 USC 207(a)(1)]. · Retiring or separating Air Force personnel are prohibited from representing another party before a federal agency or court regarding a particular matter in which they participated personally and substantially at anytime during their Federal service for the life of that particular matter. [18 USC 207(a)(1)] · Retiring military members cannot accept employment from any foreign government, including corporations owned by foreign governments without the consent of the Secretary of their Military Department and the Secretary of State jointly. [AFI 36-2913] This list is not extensive and there are exceptions. Thus, if you are as confused as I was when I first encountered them, then don't worry. The legal office stands ready and eager to guide you through the process. Please feel free to contact our office at DSN 742-7030 for assistance.