Program Operations Manual System (POMS)
TN 1 (09-18)
GN 03980.071 Avoiding Conflicting Financial Interests
A. General standards for avoiding conflicting financial interests
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1.
An SSA employee may not participate personally and substantially in any judicial or
other proceeding, application, request for ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or other particular matter in which
any of the following persons or organizations has a financial interest:
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c.
The employee’s minor child;
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d.
Any organization in which the employee serves as officer, director, trustee, general
partner, or employee or;
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e.
Any person or organization with whom the employee is negotiating or has any arrangement
concerning prospective employment.
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2.
Exceptions to general standards for avoiding conflicting financial interests
An officer or employee may participate in a matter:
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a.
If the officer or employee’s supervisor makes a written determination that the interest
is not so substantial as to be deemed likely to affect the integrity of the employee’s
services;
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b.
If the financial interest has been exempted by regulation from the requirements of
subsection (a) as being too remote or too inconsequential to affect the employee’s
integrity;
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c.
In the case of a special government employee (SGE), if the official who appointed
the SGE certifies in writing that the agency’s need for the SGE’s service outweighs
the potential for a conflict of interest; or
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d.
If the financial interest that would be affected by the particular matter involved
is that resulting solely from the interest of the officer or employee, or her spouse
or minor child, in birthrights:
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1.
In an Indian tribe, band, nation, or other organized group or community, including
any Alaska Native village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, which is recognized as eligible for the special
programs and services provided by the United States to Indians because of their status
as Indians;
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2.
In an Indian allotment the title to which is held in trust by the United States or
which is inalienable by the allottee without the consent of the United States; or
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3.
In an Indian claims fund held in trust or administered by the United States, if the
particular matter does not involve the Indian allotment or claims fund or the Indian
tribe, band, nation, organized group or community, or Alaska Native village corporation
as a specific party or parties.