Conflicts of Interest — Step-by-Step Checklist

1.	Is employee an officer, director, board member, trustee, general partner, or employee of an outside organization?
	YES.	Go to 2, below.
	NO.	Do traditional conflict analysis: Did employee take actions that resulted in a conflict?

2.	Is participation to be performed as part of official duties, or based on the employee’s official position? In deciding this point consider whether: Participation was assigned by an agency superior; Participation was performed on official time, at Federal expense, or in uniform; The organization is involved in issues with, or is working with the agency on, matters of mutual interest; The invitation to participate was received at the employee’s office or forwarded to his or her attention by official title; The organization by-laws or charter specify the position as reserved for an agency employee; or The employee had not previously participated in the organization in a personal capacity.
	YES.	Go to 3, below.
	NO.	Do traditional conflict analysis.

3.	Is there express statutory authority for participation?
	YES.	There is authority to serve officially.
	NO.	Go to 4, below.

4.	Does participation involve either: (a) no fiduciary obligation under State law; or (b) an organization engaged in activities clearly related to statutory directives requiring the agency participation with outside groups?
	YES.	Probably no conflict based solely on type or level of participation, BUT go to 5, below.
	NO.	A conflict probably exists. Go to 5, below.

5.	Is there a significant, identifiable benefit to the agency in "significant participation" vis-a-vis mere membership?
	YES.	Go to 6, below.
	NO.	Irrespective of whether there appears to be authority for "significant participation," the employee probably should cease or not engage in such participation.

6.	Would other, "non-significant" forms of participation (e.g., agency liaison, technical advisor) provide the same benefit?
	YES.	Irrespective of whether there appears to be authority for "significant participation," the employee probably should participate in the lesser, "non-significant" capacity.
	NO.	A waiver under 18 U.S.C. 208(b) probably is needed. Go to 7, below.

7.	Does the organization take positions on issues related to the agency mission or lobby the agency; or is it a prohibited source to the agency?
	YES.	A waiver probably is inappropriate.
	NO.	A waiver probably is appropriate.