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 158-7-6 - Solicitation of Gifts for Charity

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Public officials and public employees
						may solicit gifts for a charitable purpose when there is no resulting direct
						pecuniary benefit to the public official or public employee or an immediate
						family member.
6.2. The Ethics
						Commission may recognize programs or activities as involving a charitable
						purpose on a case-by-case basis.
6.3. It is improper for a public official or
						public employee to solicit any gift or donation, including those for a
						charitable purpose, from a subordinate employee.
6.4. In soliciting a gift for charity in
						either their personal or official capacities, public officials and employees
						may use their titles; Provided, That law enforcement officers are subject to
						the limitations in section 8.
6.5.
						A reasonable amount of public resources may be used for a charitable
						solicitation or fund-raising drive that is conducted in furtherance of the West
						Virginia State Employees' Coordinated Campaign or a fund raising campaign
						officially approved by either the executive, legislative or judicial branch of
						State Government or the governing body of any political subdivision.
6.6. State government agencies and the
						governing body of political subdivisions may provide a voluntary payroll
						deduction program to those employees who elect to contribute to the West
						Virginia State Employees Coordinated Campaign through payroll
						deduction.
6.7. State government
						agencies and the governing bodies of political subdivisions may solicit funds
						to support or underwrite agency programs which are statutorily created or
						authorized and are intended to help the poor and disadvantaged. If a state
						government agency or governing body of a political subdivision seeks to solicit
						funds for use by the agency for any other purpose, then the state government
						agency or governing body of a political subdivision must first seek permission
						from the Executive Director of the West Virginia Ethics Commission or the
						Ethics Commission through issuance of a formal advisory opinion. The Executive
						Director or Ethics Commission may only authorize such a solicitation if it
						serves a public purpose. This provision does not apply to the solicitation of
						donations by a member of the Legislature or a member of the Board of Public
						Works who is soliciting funds for a regional or national organization
						conference or other function in accordance with W. Va. Code §§
									6B-2-5(c)(6) and
						6B-2-5(c)(7).
6.8. Fund-raising activities based on an
						exchange of value are not gift solicitations and are permissible.
6.9. Raising funds for public employees
						seriously injured or killed while in the line of duty, and their affected
						family members, constitutes a charitable activity for purposes of the Ethics
						Act.