W. Va. Code R. § 110-42-12

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-42-12 - Employment Conflicts

12.1. Other Employment and Certain Volunteer Activity. -- No employee shall hold other public office, have conflicting employment, or participate in conflicting volunteer activity while in the classified service. Determination of the conflict shall be made jointly by the Tax Division and the Board, or may be specifically delegated by the Board to the Tax Division, who shall consider whether the other employment or volunteer activity:

(1) will be in conflict with the interests of the Tax Division;

(2) will interfere with the performance of the employee's official duties;

(3) will use or appear to use information obtained in connection with official duties which is not generally available to the public; or,

(4) may reasonably be regarded as official action.

12.2. Nepotism. -- The Tax Commissioner shall not influence or attempt to influence the employment or working conditions of his or her immediate family. It is the responsibility of the Tax Commissioner to administer the employment of relatives of any agency employee in a consistent and impartial manner. The Tax Commissioner shall comply with West Virginia and federal law prohibiting nepotism, favoritism, discrimination or unethical practices related to employment and promotion, and the public employee grievance system.

12.3. No employee shall directly supervise a member of his or her immediate family. This prohibition includes reviewing, auditing or evaluating work or taking part in discussions or making recommendations concerning employment, assignment, compensation, discipline or related matters. If an individual, through marriage, adoption, etc. is placed in a prohibited business relationship with a member of his or her immediate family, the situation shall be resolved within thirty (30) calendar days. Resolution may be made by transfer, reassignment, resignation, dismissal, etc. of one of the involved employees or by other accommodation which protects the interests of the public.

W. Va. Code R. § 110-42-12