W. Va. Code R. § 158-11-3

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

Section 158-11-3 - Limitations on Seeking Employment

3.1. Full-time public officials and employees who exercise authority over regulated persons or vendors may not seek employment with or be employed by a regulated person or vendor until and unless they seek and receive an exemption from the Ethics Commission.

3.2. A full-time public official or employee is considered to exercise authority over a regulated person for purposes of this rule if:

3.2.a. The person had a matter on which the full-time public official or employee took, or a subordinate is known to have taken, regulatory action within the preceding twelve months; or,

3.2.b. The person has a matter before the agency on which the full-time public official or employee is working or a subordinate is known by the full-time public official or employee to be working.

3.3. A full-time public official or employee is considered to exercise control over vendors for purposes of this rule if he or she exercises authority or control over a public contract with a vendor, including but not limited to:

3.3.a. Drafting bid specifications or requests for proposals;

3.3.b. Recommending selection of the vendor;

3.3.c. Conducting inspections or investigations;

3.3.d. Approving the method or manner of payment to the vendor;

3.3.e. Providing legal or technical guidance on the formation, implementation or execution of the contract; or

3.3.f. Taking other nonministerial action which may affect the financial interests of the vendor.

3.4. For the purpose of this section, "employment" does not include activities of employees and officials for or on behalf of charitable or not for profit public service entities from which they derive no pecuniary benefit.

3.5. The prohibitions on seeking employment, and the requirement that an exemption be obtained, apply only to employees or officials who are currently employed by a public agency, not those who have already terminated their employment with an agency.

3.6. Once a full-time public official or employee has either obtained an exemption or terminated his or her employment, then there is no waiting period for seeking employment; Provided, That public officials and employees are still subject to the limitations imposed by W.Va. Code § 6B-2-5(f)in regard to representing clients in matters in which they substantially participated as a public employee; Provided further, That elected or appointed public officials, full-time staff attorneys and full-time accountants must wait for one year before appearing back before their agency in accordance with W. Va. Code § 6B-2-5(g).

W. Va. Code R. § 158-11-3