Administrative Code

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Virginia Administrative Code
Title 24. Transportation and Motor Vehicles
Agency 35. Commission on the Virginia Alcohol Safety Action Program
Chapter 20. Policy and Procedure Manual

24VAC35-20-190. Personnel Policy Guidelines.

Personnel of each ASAP (Alcohol Safety Action Program) are subject to the conflict of interests law (§ 2.1-639.1 et seq. of the Code of Virginia). Each ASAP shall establish personnel policy guidelines no less stringent than those set forth in this section.

ASAP employees may not engage in any activity deemed to be in conflict with the interests of the ASAP as provided in the Code of Virginia.

Conflicts of interests include but are not limited to the following:

1. ASAP employees shall not disclose to any person, not entitled thereto, information gained through their office or employment, or otherwise use such information for their personal gain or benefit.

2. ASAP employees shall not accept any gifts, gratuities, favors or services from clients or any individual or agency who may seek to supply goods or services to the commission or the ASAP. The terms "gifts, gratuities, favors or services" include but are not limited to: moneys, credits, discounts, seasonal or special occasion presents, eatables, drinks, household appliances, furnishings, clothes, loans of goods or money, tickets to sporting or cultural events, transportation, vacations, travel or hotel expenses or any form of entertainment.

3. ASAP employees shall not contract for, or provide supplemental services to an ASAP for which they are employed on a full-time basis.

In the event of a violation of the personnel policy guidelines, the ASAP director or chairperson of the ASAP policy board shall execute a review procedure.

ASAP directors shall initiate, conduct and complete a thorough review of any alleged breach of personnel policy guidelines by an employee of the ASAP they administer. Such review shall be initiated within 10 working days from the date of receipt of the allegation. Upon both initiation and termination of the review the ASAP director shall notify the executive director and the policy board in writing. A complete report of the review shall be filed no later than 30 days after the date of the initiation of the review.

Employees of an ASAP found in violation of these personnel policy guidelines shall be dealt with by the ASAP director in accordance with ASAP personnel policy or state law as applicable.

If an ASAP director is subject to review for a breach of any conflict of interest personnel policy guidelines, the executive director shall execute the review procedure unless such review is undertaken by the policy board. The executive director shall inform the commission of any such review initiated within 30 days of initiation of the review.

When conducting a review the policy board shall adhere to the same time parameters established for reviews conducted by the ASAP director. The policy board shall file a completed report within 30 days of initiation with the executive director of the results of that review. A director found in violation of these personnel policy guidelines shall be dealt with in accordance with ASAP policy or state law where applicable.

Statutory Authority

§§ 18.2-271.1 and 18.2-271.2 of the Code of Virginia.

Historical Notes

Derived from VR647-01-02 § 5.6, eff. September 13, 1989; amended, Volume 07, Issue 09, eff. February 28, 1991.

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