Unless a public agency has statutory authority to solicit private funds, the Ethics Act prohibits public officials and employees from soliciting for donations unless the donations will be used for a charitable purpose and the public official or employee will not directly benefit from the donation.
Fundraising
Asking for donations (soliciting) is different from raising funds by offering something in exchange for a donation under the Ethics Act. For example, selling raffle tickets or hot dogs to raise money would be considered fundraising under the Act. Fundraising may be done for any purpose, not just a charitable one, but there are restrictions on fundraising, too, AO 2014-16 held that a city hospital may permit employees to raise funds for coworkers experiencing financial hardship as this activity serves a charitable purpose, with limitations. The hospital may permit employees to sell commercial products, with limitations. Employees may also sell items for fundraising items, with limitations. In both instances, there may be no coercion, no solicitation of subordinates, no more than de minimis time and resources used for these activities, and announcements must be posted in areas accessible only to employees, not the general public.
Charitable Purposes
Public employees and officials may only solicit donations for a charitable purpose. In other words, soliciting donations without offering something in return may only be done for a charitable purpose. "Solicitating” is defined as “seeking to obtain something by direct persuasion or by petitioning persistently.”
In AO 2005-02, the Commission held that "[a]s a general guideline, the Commission recognizes two main categories of programs or activities which constitute a charitable purpose: (1) Those which benefit the poor or disadvantaged; and, (2) Those which serve a public purpose or provide a significant public benefit." The Commission further held that "the overriding purpose of the solicitation must be to provide a benefit to the public as opposed to defraying the internal administrative costs of the [Agency]."
Since the creation of the Act in 1989, the Ethics Commission has issued 75 advisory opinions fleshing out what qualifies as a “charitable purpose” under the Ethics Act. Below is an overview of charitable purposes and non-charitable purposes.
Charitable Purposes - Advisory Opinions
University Research Association - Advisory Opinion 89-76
Salvation Army - Advisory Opinion 89-111
Parent Teacher Association - Advisory Opinion 89-111
Church - Advisory Opinion 89-111
Employer that is a 501(c)(4) non profit - Advisory Opinion 89-122
WV Chapter of Professional Association - Advisory Opinion 89-123
Distinguished Professors Program - Advisory Opinion 90-23
Special Olympics - Advisory Opinion 90-61
Free medical clinic - Advisory Opinion 90-73
United Way - Advisory Opinions 90-168 92-34
Community college relocation -Advisory Opinion 91-84
Animal shelters - Advisory Opinion 92-06
Bullet proof vests for law enforcement - Advisory Opinion 92-37
Recreational for disadvantaged youth - Advisory Opinion 93-08
Executive private sector employees - Advisory Opinion 93-10
High school athletic facility - Advisory Opinion 93-30
Hepatitis vaccinations for firefighters - Advisory Opinion 94-01
Elder abuse conference - Advisory Opinion 94-14
Public library renovations - Advisory Opinion 94-28
Historic statue for courthouse lawn - Advisory Opinion 95-17
Aerial photographs of WV for public - Advisory Opinion 95-27
Environmental issues booth at state fair - Advisory Opinion 95-29
Protection of white deer from poaching - Advisory Opinion 95-46
City pool - Advisory Opinion 96-19
Civil and human rights conference - Advisory Opinion 96-28
Scholarships for poor individuals - Advisory Opinion 96-36
Bicycle helmets - Advisory Opinion 97-19
Community policing - Advisory Opinion 97-19
Information about healthcare to poor children - Advisory Opinion 99-37
Wellness program for employees - Advisory Opinion 01-19
Public health program - Advisory Opinion 05-02
Hunter safety program for public - Advisory Opinion 07-01
Elected public works national conference - Advisory Opinion 10-01
Veteran’s recreational facility - Advisory Opinion 11-11
Educating children - Advisory Opinion 13-40
“County Day” at the Legislature - Advisory Opinion 14-01
Medical equipment for hospital - Advisory Opinion 14-03
WV Fallen Firefighter Memorial - Advisory Opinion 16-16
County park benches - Advisory Opinion 18-01
Women’s health and wellness - Advisory Opinion 19-01
Foster families - Advisory Opinion 19-26
Veterans memorial - Advisory Opinion 20-11
Drug and alcohol recovery center - Advisory Opinion 21-02
City’s free amphitheater concert series - Advisory Opinion 23-10
Cancer research - Advisory Opinion 25-05
NON-CHARITABLE PURPOSES - advisory opinions
Food for training conference - Advisory Opinion 89-12
Training events - Advisory Opinion 90-176
Adult learning technology, “ADLT” - Advisory Opinion 90-179
Non-profit vocal group - Advisory Opinion 91-64
Police drug K-9 - Advisory Opinion 92-06
Electronic bulletin board for school - Advisory Opinion 92-50
Computer integrated courtroom - Advisory Opinion 93-07
BOE member’s defense fund in removal - Advisory Opinion 93-11
Polygraph machine for prosecutor’s office - Advisory Opinion 93-22
Social events for public employees - Advisory Opinion 95-18
Association’s officer’s salary - Advisory Opinion 95-43
Educational activities of public employees - Advisory Opinion 96-36
Professional association’s conference - Advisory Opinion 97-25
Litter control vehicle - Advisory Opinion 99-24
Seminar training for state employees - Advisory Opinion 99-25
State’s birthday celebration - Advisory Opinion 99-32
Conference to help job performance - Advisory Opinion 2000-29
Handheld electronic scanners for employees - Advisory Opinion 01-14
Trip to China for state employee - Advisory Opinion 01-31
Family planning - Advisory Opinion 03-13
Internal administrative costs - Advisory Opinions 05-02, 05-15
Golf - Advisory Opinion 10-01
Funeral flowers - Advisory Opinion 10-19
Police K-9 and gun rack for cruisers - Advisory Opinion 12-08
Gift cards for volunteers - Advisory Opinion 13-46
Food for bereaved citizens - Advisory Opinion 14-07
Professional association’s conference - Advisory Opinion 15-22
Operational costs of public education - Advisory Opinion 16-16
Tinted windows for public building - Advisory Opinion 19-19
Educational or professional certifications - Advisory Opinion 24-04