In determining whether to abstain from action on an official decision because of a possible conflict of interest, a public servant should consider the following guidelines:

1. (1) Whether a substantial threat to his independence of judgment has been created by his personal or private interest;
2. (2) The effect of his participation on public confidence in the integrity of the executive branch;
3. (3) Whether his participation is likely to have any significant effect on the disposition of the matter;
4. (4) The need for his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the executive branch; or
5. (5) Whether the official decision will affect him in a manner differently from the public or will affect him as a member of a business, profession, occupation, or group to no greater extent generally than other members of such business, profession, occupation, or group. A public servant may request an advisory opinion from the Executive Branch Ethics Commission in accordance with the commission's rules of procedure.

Effective: July 14, 1992

History: Created 1992 Ky. Acts ch. 287, sec. 5, effective July 14, 1992.