Section 401.12. Conflict of interest

(a) No Commissioner will participate personally, through decision, disapproval, recommendation, the rendering of advice, investigation or otherwise, in any proceeding, application, request for a ruling, contract, grant, claim, controversy, or other particular matter in which LEAA funds are used where, to his knowledge, he or his immediate family, partners, organization—other than a public agency—in which he is serving as officer, director, trustee, partner or employe, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest.

(b) The appearance of conflict of interest is as undesirable as an actual conflict of interest and an appearance of impropriety is to be avoided by Commissioners. It is the policy of the Commission that those Commissioners who have a conflict of interest will disqualify themselves from voting on any matter for which the conflict exists. A conflict of interest exists when the vote of a Commissioner is influenced or may appear to the public to be influenced by some consideration apart from the merits of the issue being voted upon. The disqualification of a Commissioner will be a matter of personal decision to each Commissioner.

(c) In the event a Commissioner is in doubt concerning the existence or appearance of conflict of interest as to himself in any matter, he may request a determination of that issue by the Chairman.

The provisions of this § 401.12 amended February 1, 1980, effective February 2, 1980, 10 Pa.B. 463. Immediately preceding text appears at serial page (46854).