W. Va. Code R. § 158-8-3 - Limited Interest

3.1. A limited interest is:

3.1.a. An amount not to exceed $1,000.00 in the gross revenues in a public contract or contracts per calendar year. The $1,000.00 limit is applicable to gross revenues received through a public contract by a public official or employee, an immediate family member thereof or a business with which the public official or employee or immediate family member is associated; or,

3.1.b. An interest as a creditor if a public official or employee or an immediate family member is owed an amount not exceeding $5,000.00 by a person or business which is awarded a public contract.

3.2. If a public official or employee has more than a limited interest in a public contract, then such an interest is only permissible if the public agency with whom the public official or employee works or serves seeks and receives a contract exemption in accordance with W. Va. Code § 6B-2-5(d)(4)). This requirement does not apply to part-time appointed officials who, in accordance with the Ethics Act, may have an interest in a public contract if they recuse themselves from the decision-making process.

3.3. The provisions of this rule do not apply to elected or appointed County officials, full or part-time, including superintendents, principals and teachers who are governed by the more stringent restrictions imposed by W. Va. Code § 61-10-15.

3.4. If a public official has a limited interest in a contract, he or she should recuse him or herself from voting. A public employee who has a limited interest should not be involved in any decision-making process relating to the award or review of the contract.

Notes

W. Va. Code R. § 158-8-3