Justice
Management Division
Serving Justice - Securing Results
Generally, an employee should seek advice from an ethics official
before participating in any matter in which her impartiality could
be questioned. An employee may not participate, without authorization,
in a particular matter having specific parties that could affect
the financial interests of members of her household or where one
of the following is a party or represents a party:
- Someone with whom an employee has or is seeking employment,
or a business, contractual or other financial relationship;
- A relative with whom an employee has a close relationship;
- A present or prospective employer of a spouse, parent or child;
or
- An organization which an employee now serves or has served,
as an employee or in another capacity, within the past year.
If a conflict of interest exists, in order for the employee to
participate in the matter the head of the employee's component,
with the concurrence of an ethics official, must make a determination
that the interest of the government in the employee's participation
outweighs the concern that a reasonable person may question the
integrity of the Department's programs and operations. The determination
must be made in writing. Here are
samples of 502 determinations.
5
C.F. R. § 2635.501 - 503 (Subpart E - Impartiality
in Performing Official Duties)
In addition to the impartiality regulation, 28
C.F.R. § 45.2 prohibits a DOJ employee, without written
authorization, from participating in a criminal investigation
or prosecution if he has a personal or political relationship
with any person or organization substantially involved in the
conduct that is the subject of the investigation or prosecution,
or any person or organization which he knows has a specific
and substantial interest that would be directly affected by
the outcome of the investigation or prosecution.
Last Updated:
July 31, 2009 |