Current through Register Vol. XLI, No. 50, December 13, 2024
Section 158-7-2 - Honorarium2.1. For the purpose of this section, the term "honorarium" means payment given in recognition of published works, appearances, speeches and presentations which is not intended as consideration for the value of such services. These payments are not legally or traditionally required such as in an employment contract.2.2. The Ethics Commission will use the following guidelines in determining whether the amount of an honorarium is reasonable and permitted under W. Va. Code § 6B-2-5: a. The length of time spent on preparing or researching material for the presentation;b. The amount of time for actual presentation;c. The distance to be traveled to make the appearance, speech or presentation;d. The public official's or public employee's experience, qualifications and educational background; and e. The usual and customary fee paid to others for similar work.2.3. It is unlawful for a full-time elected official to receive an honorarium unless he or she:a. Donates it to a recognized charity or the State Treasury; and,b. Files a notice with the Ethics Commission identifying the honorarium, the date received and the group to whom it was donated.2.4. A part-time elected public official may accept an honorarium if it is given for an appearance, speech or presentation made of a professional nature not related to the official's public position. An example would be a professional such as Physician, Certified Public Accountant, Pharmacist or Attorney speaking at a conference or seminar in his or her field.2.5. Any public employee who receives an honorarium shall seek his or her supervisor's approval and take annual leave without compensation from his or her public employment during the time he or she prepares for or makes such presentation, speech or appearance.2.6. A public official or employee may not use public time, facilities, equipment or personnel in the preparation or presentation of a private presentation, speech or appearance.