Letter of warning

This is a html representation of the letter I received shortly after informing my supervisor that I would be giving a presentation at the Sixth International Symposium of Aviation Psychology. I did not seek "...written approval of an appropriate official..."

                                               Memorandum

         U.S. Department
         of Transportation

         Federal Aviation
         Administration

          Cleveland ARTC Center

Subject: INFORMATION:  Outside Lecturing	       Date: April 8, 1991



   From: Area Manager, Area V



     To: ATCS Thomas G. Lusch, Team 55

         In response to your notification that you will be lecturing at the Sixth
         International Symposium of Aviation Psychology, I would direct you to
         49 CFR 99.735-11(c).  That regulation states in part:

                 Although employees are encouraged to engage in teaching,
                 lecturing and writing,...an employee shall not engage in
                 such activities under circumstances:

                     (2)  Which depend on information or official data
                 obtained as a result of government employment, except
                 when the information has been made available to the
                 general public or when an appropriately designated
                 official gives written authorization for use of non-public
                 information following a determination that the basis for
                 the use is in the public interest.

         I have read your paper, Selective Rejection of Low Altitude Radar Data at Air
         Route Traffic Control Centers:  An Unsatisfactory Compromise, upon which
         your upcoming presentation is based.  As a result of my review, as well as
         discussions with the Cleveland Center Air Traffic Manager, Assistant Manager
         for Automation and Airways Facilities System Engineers, it would seem that
         much of the information upon which your presentation is based is "non-public
         information" and as such is prohibited by 49 CFR 99.735-11(c).  I would also
         direct you to Executive Order 11222. Under that order Federal employees are
         to avoid any action which might result in adversely affecting the confidence
         of the public in the integrity of the Government.  Once again, it seems that
         a presentation based on your aforementioned paper may have a prohibited result.

         It is not my intention to question your motives, however, the situation
         described herein seems to raise some questions regarding ethical conduct and
         prohibited off-duty activities.  At a minimum, I believe the text of your
         presentation would require written approval of an appropriate official prior
         to its public presentation.

         I will be happy to discuss this matter further if you have any questions.



         Arthur Benzle