Questions:
(1) Is there a potential for a conflict of interest?
(2) Is there a real conflict or the appearance of a conflict?
(3) Has the person notified the ethics counselor for a waiver or authorization?
A conflict of interest involves:
(1) the employee directly or indirectly (through a spouse, child, partner or organization).
(2) some form of motivation (financial, employment, etc)
(3) either tangible and direct, or promised in the future
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Situation
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Conflict
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person participates personally and substantially with a direct and predictable effect
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real
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circumstances suggest that the person who is involved in a matter may not be behaving in an impartial fashion
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appearance of
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A person with a real conflict of interest may participate if granted a waiver.
A person with the appearance of a conflict may participate if given authorization to do so.
A person with a real or apparent conflict is disqualified from participation if a waiver or an authorization is not granted.
Problems arise if the person has a significant conflict of interest and
(1) does not disclose the conflict when it is appropriate to do so
(2) has a real conflict but does not have a waiver
(3) has the appearance of a conflict but does not have authorization
