W. Va. Code R. § 135-31-4

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

Section 135-31-4 - Use of Public Office for Private Gain

4.1. Any such rule shall also provide that:

4.1.1. No solicitation or other activity permitted by the rule shall be deemed to be the inappropriate use of an employee's public office (position) or the prestige of that office for one's own private gain or that of another person.

4.1.2. When an employee uses his or her knowledge and personal prestige for private gain without the use of the employee's public office, then there is no requirement to obtain an exemption under the ethics rule.

4.1.3. W. Va. Code § 6B-2-5(l) gives institutions of public higher education limited authority to grant exemptions to their employees from the prohibitions in the State Ethics Act relating to the use of public office or the prestige of public office for private gain when the employee is using his or her field of expertise as an author, speaker, consultant or through other approved activities such as service as a board member for outside agencies or businesses and when an employee of the institution seeks to use his or her public office or the prestige of their public office for the employee's private gain or for the private gain of another person, the employee may seek from an appropriate institutional authority an exemption (as limited by the Ethics Act) from the prohibition against the use of public office or the prestige of public office for private gain.

4.1.4. The appropriate institutional authority may grant the employee an exemption to permit the employee to use the employee's public office to derive private benefit from the employee's field of expertise as an author, speaker, consultant, or through other approved activities such as service on the board of an outside agency or business.

4.1.5. In granting permission for an employee to engage in such outside activities which may be directly or indirectly associated with the employee's position with the institution, consideration should be given to the following:

4.1.5.1. Whether the employee brings to his/her position his/her own unique personal prestige which is based upon his/her own intelligence, education, experience, skills and abilities, or other personal gifts or traits.

4.1.5.2. Whether such activity is customary and usual within the field;

4.1.5.3. Whether the institution derives any benefit through prestige or otherwise from the activity;

4.1.5.4. Whether the institution expects or anticipates that the employee will gain financially from the activities which are not a part of the employee's required employment activities;

4.1.5.5. Whether the employee's activity will increase his/her personal or professional development or will lend service or benefit to the nation, state or community;

4.1.5.6. Whether the outside activity will interfere with or create an overriding conflict with the employee's responsibility to the institution or will interfere with the satisfactory performance of the employee's institutional duties.

4.1.6. The disclosure by an employee of an employee's position, title, and work history with the institution in the promotion of an employee's private activities shall be exempt from the prohibition against the use of prestige of public office for a private gain. However, in these cases the employee has the responsibility to make clear the fact that he or she is not representing the institution but is speaking as a private citizen.

4.1.7. An employee who obtains an exemption from the Ethics Act prohibitions under the procedure authorized in this rule shall not be deemed an agent of the institution when the employee is acting outside the scope of his or her other employment for his or her private benefit.

4.1.8. No exemption granted under this ethics rule shall be deemed to constitute a waiver by the institution of any lawful contractual provision in the employment contract of a full or part-time employee of the institution.

W. Va. Code R. § 135-31-4