Excerpt From Army Submission to EEOC September 2019: AR 690-600 2004

1–24. Conflicts of position or interest

1. In order to maintain the integrity of the EEO program, EEO functions must be kept separate from personnel functions. The same Army officials responsible for executing and advising on personnel actions will not be responsible for managing, advising, or overseeing the EEO pre-complaint or formal complaint processes. Complaints generally challenge the motivations and impacts of personnel actions and decisions. The integrity of the EEO investigative and decision making processes  is  dependent  upon  its  separation  from  the  personnel  function.

2. When a person involved in the EEO complaint process (for example, EEO officer, activity commander, or MACOM EEO officer) is named or otherwise designated as an alleged discriminating official, the following procedures will be followed to avoid a possible conflict of interest:

   1.  Equal employment opportunity officer. If an EEO officer is named or otherwise designated as a witness in a discrimination complaint by a complainant based on actions that he or she personally has taken against the complainant, that officer’s function in processing that complaint will be performed by the EEO officer at the next higher level. If the EEO officer is named or otherwise designated as a witness merely by virtue of his or her position or actions in processing a complaint, he  or she  may  continue  to  process the complaint.
   2.  Activity commander. If an activity commander is named or otherwise designated as a witness in a discrimination complaint based on actions that he or she personally has taken against the complainant, that commander’s function in processing the complaint will be performed by the commander at the next higher level. If the activity commander is named or otherwise designated as a witness merely by virtue of his or her position or actions in processing a complaint, he or she may continue to process the complaint.
   3.  Staff judge advocate. If the SJA or senior legal officer of the servicing activity is named or otherwise designated as a witness in a discrimination complaint based on actions that he or she personally has taken against the complainant, legal advice to the command in processing the complaint will be provided by the servicing legal office of the next higher level of command or another legal office designated by the legal office at the next higher level of command. If the SJA, senior legal officer, or agency representative is named or otherwise designated as a witness merely by virtue of his or her position or actions in processing a complaint, he or she may continue to provide advice on the complaint.
   4.  CPAC chief. If a CPAC chief is named or otherwise designated as a witness in a discrimination complaint based on actions he or she personally has taken against the complainant, the CPAC chief’s function in the complaint process will be assumed by the CPAC at the next higher level of command. If the CPAC chief is  named or otherwise designated as a witness by virtue of his or her position, the CPAC chief’s role in the complaint process will not be affected.
   5.  CPOC director. If a CONUS CPOC director is named or otherwise designated as a witness based upon actions he or she personally has taken against the complainant, the CPOC director’s function in the complaint process will be assumed by the Director, Civilian Personnel Operations Centers Management Agency (CPOCMA). If the  CPOC director is named or otherwise designated as a witness by virtue of his or her position, the CPOC director’s role in the complaint  process  will  not  be  affected.
   6.  OCONUS CPOC director. Complaints naming the director of an OCONUS CPOC will be processed through the OCONUS  MACOM  chain  of  command.
   7.  MACOM EEO Officer. If a MACOM EEO officer is named or otherwise designated as a witness based on an action he or she personally has taken against the complainant, that officer’s function in processing the complaint will be performed by a special EEO officer designated by the Deputy for EEOCCR. If the MACOM EEO officer is named or otherwise designated as a witness merely by virtue of his or her position or actions in processing a complaint, he or she may  continue  to  process  the  complaint.
   8.  MACOM commander. If a MACOM commander is named or otherwise designated as a witness in a particular discrimination complaint based on an action he or she personally has taken against the complainant, the commander’s function in processing the complaint will be performed by the Vice Chief of Staff, U.S. Army  (VCSA).  If  the MACOM commander is named or otherwise designated as a witness merely by virtue of his or her position or actions in  processing  a  complaint,  he  or  she  may  continue  processing  the  complaint.

3. Conflict of interest. An activity EEO officer may preclude an EEO counselor from counseling based on an actual or perceived conflict of interest.