W. Va. Code R. § 158-11-5

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

Section 158-11-5 - Purpose and terms of exemptions

5.1. The Commission finds that the overriding purpose of seeking and obtaining an exemption is to ensure transparency in the governmental process and to ensure that the public official or employee ceases and desists from taking action in regard to persons over whom the public official or employee exercises regulatory authority or purchasing power and with whom they are seeking employment. To fulfill the purpose of transparency and fairness, and in accordance with the Ethics Act, the following restrictions are hereby imposed:

5.1.a. Once a temporary or permanent exemption is granted, the public official or employee shall provide a copy of the exemption to his or her supervisor within 2 business days of receiving the exemption.

5.1.b. The public official or employee may take no official action in regard to a person or persons with whom they are seeking employment, unless it would create an undue hardship on the agency to prohibit him or her from carrying out his or her public job responsibilities. If this limitation will impose an undue hardship, then the affected public official or employee may take action when authorized by their employing agency's executive director or governing body. These actions shall be subject to additional review by a supervisor or the governing body.

5.2. Exemptions granted by the Commission are subject to a one year time limit. At the expiration of the one year time limit, the full-time public official or employee must submit a new request if he or she intends to seek employment with a regulated person or vendor.

5.3. The Commission shall maintain a record of those full-time public officials or employees who are granted exemptions. These records are public records and are available for public examination and copying.

W. Va. Code R. § 158-11-5