West Virginia Code of State Rules › Agency 158 - Ethics Commission › Title 158 - LEGISLATIVE RULE WEST VIRGINIA ETHICS COMMISSION › Series 158-07 - Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials › Section 158-7-8 - Solicitation of Gifts for Charities by Law Enforcement Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Ethics
						Commission finds that the interest of the public is served by having stricter
						limitations which govern solicitations by law enforcement officers due to the
						unique nature of the authority which law enforcement officers exercise over the
						public, including arrest powers.
8.2. "Law-enforcement officer" means any duly
						authorized member of a law-enforcement agency who is authorized to maintain
						public peace and order, prevent and detect crime, make arrests and enforce the
						laws of the state or any county or municipality thereof.
8.3. Except as otherwise provided for in
						these rules, law enforcement officers may not solicit for charity while in
						uniform, but may show identification upon request.
8.4. Public officials or employees may
						solicit donations for charity while out of uniform and when they are off
						duty.
8.5. Law enforcement officers
						or associations composed of law enforcement officers may not provide signs,
						stickers, decals or other items of display by individual donors showing whether
						or not a donation has been made on account of any charitable contribution
						solicited on behalf of law enforcement officers or their association, unless
						such signs, stickers, decals or other items of display contain the following
						disclaimer: "The holder of this item is not entitled to any special
						treatment."; Provided, That, certificates, plaques or other items of display
						which are not intended for display on motor vehicles may be distributed to
						donors without the inclusion of any such disclaimer; Provided, However, That an
						association may provide to its members who are currently serving as law
						enforcement officers, or who previously served as law enforcement officers, a
						sign, sticker, decal or other item of display, including those items intended
						for display in a motor vehicle, which demonstrate that a present or former law
						enforcement officer is a member of an association or fraternal group primarily
						composed of law enforcement officers, without the inclusion of any such
						disclaimer.
8.6. Law enforcement
						officers or associations composed of law enforcement officers may conduct
						telephonic or oral solicitations in their official capacity; Provided, That,
						when conducting a telephonic solicitation, law enforcement officers may not
						identify themselves by rank or title or otherwise reference their rank or title
						during the conversation unless specifically requested by the person with whom
						they are having a conversation.
8.7. Law enforcement officers may not pick up
						a donation while in uniform except as otherwise provided for in these
						rules.
8.8. Law enforcement
						officers may wear their uniforms while participating in fund-raising activities
						based on an exchange of value. Further, they may wear their uniforms while
						participating in a fund-raising event such as a motorcycle ride, walk or other
						activities where the public, for a fee or donation, is invited to join a law
						enforcement officer as part of a fund-raising activity for charity.
8.9. Law enforcement officers may deliver
						proceeds raised for charity to the intended recipient while in uniform and
						while on duty.