W. Va. Code R. § 133-31-4 - 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.
Notes
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