Conflicts of Interest

Melville Johnson

April 9, 2020

To sustain a Conflict of Interest charge under the MSPB, the federal agency must prove with preponderant evidence that:

An employee acted in two separate capacities, at least one of which involved official duties
The nature of the employee’s interests or duties in one capacity had a direct and predictable effect on his interest or duties in his other capacity; and (3) the employee know or should have known of the prohibition.[1]

The MSPB has held that all federal employees are expected to be trustworthy and to maintain high standards of integrity, but that certain employees, because of the nature of their position, may be held to an even higher standard of conduct.[2] For example, law enforcement officers and supervisory personnel, who set an example for the type of conduct expected not only for federal employees, but the public as well, are held to a higher standard of conduct.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as conflicts of interest, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and see how we can assist you.

[1] Reynolds v.USDA, 54 MSPR 111 (1992).

[2] Parsons v. Department of the Air Force, Accessible PDF 21M.S.P.R. 43821 M.S.P.R. 438 (1984).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313