W. Va. Code R. § 135-31-1

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

Section 135-31-1 - General

1.1. Scope. -- This rule establishes guidelines for institutional governing boards in adopting policies in accordance with the West Virginia Governmental Ethics Act.

1.2. Authority. -- W. Va. Code §§ 18B-1-6, 6B-2-5(L).

1.3. Filing Date. -- August 26, 2005.

1.4. Effective Date. -- September 30, 2005.

1.5. Preamble -- In 1989, the West Virginia Legislature enacted the West Virginia Governmental Ethics Act, set out in Chapter 6B of the West Virginia State Code, declaring unlawful certain activities by public employees. Section 5(b), Article 2 of the Act prohibits a public employee from using his or her office or the prestige of that office for his or her private gain or that of another person. Section 5(c), Article 2 prohibits solicitation of gifts that may confer pecuniary benefits upon the employee or his or her immediate family. Section 5(d), Article 2 prohibits an interest in the profits or benefits of a public contract which an employee has direct authority to enter into or over which he or she may have control.

The original version of the Ethics Act subjected all public employees, including higher education employees, to fines, sanction, and criminal prosecution for violation of the Ethics Act unless they obtained prior approval for the proposed activity from the West Virginia Ethics Commission. Many of the teaching, research, consulting and publication activities of higher education faculty and staff necessarily result in known and appropriate private benefits or gain which are customary and normal in higher education, but which were identified as potential violations of these provisions of the Ethics Act after its enactment. In 1990, the Ethics Act was amended at Section 5(l), Article 2 to allow higher education employees who derive private benefits from teaching, research, consulting, or publication activities the option of seeking exemption from the above prohibitions from their employing institution instead of through the Ethics Commission.

The previous Board of Trustees and Board of Directors adopted a rule to set forth an expeditious procedure for granting such approval of exemptions at the institutional level to faculty and staff members who sought to be relieved of certain statutorily imposed prohibitions of the West Virginia Governmental Ethics Act. The Policy Commission has previously transferred that rule to the jurisdiction of the institutional governing boards. This rule shall govern any modification of that rule by a governing board.

1.6. Repeal of Former Rule. -- Repeals and replaces Series 43 of Title 128 and 131.

W. Va. Code R. § 135-31-1