DECIDING WHEN TO STEP ASIDE FROM THE DECISION-MAKING PROCESS: ABSTENTIONS AND DISQUALIFICATIONS

摘要

Defining the relevant terms is a useful starting point. When an official abstains from participating in a decision, he or she does so voluntarily. Abstaining involves the exercise of some degree of judgment or choice. By contrast, in the case of disqualification, one does not have a choice. The law prohibits that individual from participating in a decision - even if the official believes he or she can put personal interests aside and/or be fair. The law focuses on the public's possible perceptions about the integrity of the decision-making process -and in so doing, the law often avoids even the appearance of impropriety as well as the potential for actual impropriety.