West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-31 - Ethics › Section 133-31-4 - Use of Public Office for Private Gain

Current through Register Vol. XLI, No. 28, July 12, 2024
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.