Public officials applicable to Article 2 of the Act Governing the Prevention of Conflicts of Interest for Public Servants (hereinafter referred to as "the Act") in this school shall recuse themselves when their own performance evaluations and commendation/disciplinary cases are involved.

Explanation:

1. In accordance with the Official Letter No. 1080289085 issued by the Taoyuan City Government on November 19, 2019, forwarding the Official Letter No. 10805008720 issued by the Ministry of Justice on November 13, 2019.

2. According to Article 4, Paragraph 3 of the Act, "Non-pecuniary benefits refer to benefits that are favorable to a public servant or their relatives in the appointment, employment, hiring, contract employment, temporary employment, labor dispatch, promotion, transfer, performance evaluation, and other similar personnel measures of the agencies (organizations), schools, legal persons, business entities, and military units (hereinafter referred to as 'agencies and organizations') listed in Article 2, Paragraph 1." Article 6, Paragraph 1 of the Act stipulates that "A public servant who is aware of a conflict of interest shall immediately recuse themselves." Therefore, public officials as defined in Article 2 of the Act shall recuse themselves when signing, reviewing, approving, or participating in meetings related to personnel measures such as their own or their relatives' performance evaluations and commendation/disciplinary cases, in order to comply with Article 6, Paragraph 1 of the Act. They shall also notify the relevant agencies in writing in accordance with Article 6, Paragraph 2 of the Act.

3. If a public servant recuses themselves in accordance with Article 6, Paragraph 1 of the Act, public officials other than elected representatives shall cease to perform their duties, and the acting officer for that position shall carry out the duties, as clearly stipulated in Article 10, Item 2 of the Act. While the complete recusal of a public servant in a specific case and the execution of duties by the acting officer fully meet the requirements of the recusal obligation under the Act, practical operations may involve complex cases or numerous reviewers and approvers, making them difficult to manage. If an individual public servant has specifically stated their intention to recuse themselves concerning their own or their relatives' interests on the relevant official document and has fulfilled the notification obligation, it is still difficult to argue that this violates the intent of the recusal provisions of the Act. However, for the final approval of the relevant official document (usually the head of the agency), if they have recused themselves from approving matters involving their own or their relatives' interests, the acting officer shall still approve those matters on their behalf.

4. An example of self-recusal is attached for reference.

校、法人、事業機構、部隊（以下簡稱機關團體）之任

用、聘任、聘用、約僱、臨時人員之進用、勞動派遣、陞

遷、調動、考績及其他相類似之人事措施」、本法第6條第

1項規定「公職人員知有利益衝突之情事者，應即自行迴

避」，是以本法第2條所定公職人員於涉及本人或關係人考

績及獎懲案等人事措施之簽辦、審核及准駁或參與相關會

議，均應自行迴避，始符合本法第6條第1項規定，並應依

本法第6條第2項規定，以書面通知相關機關。

三、公職人員依本法第6條第1項規定迴避者，民意代表以外之

公職人員應停止執行該項職務，並由該職務之代理人執

行，本法第10條第2款定有明文。查公職人員就具體個案完

全迴避由職務代理人代理執行，固充分符合本法迴避義務

要求，惟實務運作上容有個案較為複雜，或陳核及會簽人

員眾多，不易操作之情事，如個別公職人員已於相關公文

上具體敘明就其本人或關係人部分迴避之意思表示，並踐

行通知義務，亦尚難謂與本法迴避規定意旨有違。然相關

公文之最後核定者（通常即為首長），就涉及其本人或關

係人利益部分既已迴避未予核定，此時仍應由其職務代理

人就其迴避部分代為核定。

四、附自行迴避參考範例1份。