What Is a Special Government Employee (SGE)?
In a recent NPR article, Joanna Friedman, a partner at Federal Practice Group, explained how the special government employee (SGE) designation allows the federal government to bypass the standard hiring process when bringing in temporary workers.
This classification is now under scrutiny after President Donald Trump appointed Elon Musk as a Special Government Employee (SGE) to spearhead the Department of Government Efficiency (DOGE)—a new office aimed at cutting federal spending. DOGE has since terminated government contracts and gained access to sensitive Treasury Department databases, raising legal and ethical concerns.
Why the Use of Special Government Employees in the Trump Administration Is Controversial
The special government employee (SGE) role was created in 1962 to hire experts for short-term advisory positions. SGEs are limited to 130 days of government work per year. Typically, SGEs serve in consulting or advisory roles, not in positions of power.
Musk’s appointment stands out because he appears to be exercising more authority than typical SGEs. As NPR reports, Musk and his team have terminated grants, placed agency employees on leave, and influenced federal policy, sparking multiple lawsuits from state attorneys general.
“If you’re hired as a federal employee, you have to go through the competitive selection process, which means you must apply for a job and be selected as the best-qualified candidate,” Friedman explained in the NPR article. “This is just an easier way to bring someone on board without as much red tape.”
Ethical and Legal Questions Surrounding Special Government Employees (SGEs)
SGEs are subject to ethics laws to prevent conflicts of interest. They must:
- File financial disclosure forms
- Recuse themselves from matters that benefit their businesses
- Complete ethics training
NPR reports that Musk received an ethics briefing, but Friedman noted that it would be up to the Justice Department to determine if he has violated conflict-of-interest laws and whether to bring criminal charges.
What Happens Next?
Musk’s unconventional use of the SGE designation has ignited debate over whether the White House is expanding SGE powers beyond their intended scope. With legal challenges mounting, this case could set a precedent for how Special Government Employees are used in future administrations.
For legal experts like Joanna Friedman, Musk’s appointment highlights the risks of expanding SGE roles beyond their intended purpose, particularly when it comes to government transparency, oversight, and ethics.
As the debate continues, one thing is clear: the use of special government employees in high-ranking roles will likely remain a controversial topic for years to come
Resources for Federal Employees
Federal Practice Group specializes in federal employment law, and we are dedicated to helping employees understand their legal options. If you have concerns about your rights, resignation status, or career path, we are here to help.
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