[Code of Federal Regulations]

[Title 36, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 36CFR905.735-402]



[Page 164-165]

 

              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY

 

         CHAPTER IX--PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION

 

PART 905_STANDARDS OF CONDUCT--Table of Contents

 

     Subpart D_Special Standards Applicable to Certain Board Members

 

Sec. 905.735-402  Advice and determination.



    The Corporation's Ethics Counselor is readily available for 

consultation when a Board Member seeks advice as to the appropriateness 

of his actions in light of this part, the Executive order, or title 18 

U.S.C., chapter 11. A Board Member has an affirmative duty to advise the 

Ethics Counselor of any potential conflict of interest which may arise 

with the individual's participation in any particular matter before the 

Corporation. If advised to do so, the Board Member should submit to the 

Chairman for determination the question of whether or not the conflict 

will disqualify the Board Member from participating in the action to be 

taken by the Corporation. Under the authority delegated to the Chairman 

pursuant to 18 U.S.C. 208(b), the Chairman may find that the Board 

Member need not be disqualified from participating in the particular 

matter, if:



[[Page 165]]



    (a) The Board Member makes a full disclosure of the financial 

interest; and

    (b) The Chairman furnishes him with a written determination in 

advance of the action that the interest is not so substantial as to be 

deemed likely to affect the integrity of the services which the 

Government may expect from the Board Member. Requests for similar 

determinations for conflicts posed by the financial interests of the 

Chairman himself shall be submitted to the Chairman of the Civil Service 

Commission.