1.70.070 Waivers.
(a) After receiving a written request, and to the extent allowed under these regulations, the Board may grant a waiver of the prohibitions of this Code if it finds that:
(1) The best interests of the WSSC or the public would be served by granting the waiver;
(2) The importance to the WSSC of a Commissioner or employee or class of employees performing official duties outweighs the actual or potential harm of any conflict of interest; and
(3) Granting the waiver will not give a Commissioner or employee or class of employees an unfair economic advantage over other Commissioners or employees or members of the public.
(b) After receiving a written request, the Board may waive the prohibitions of WSSC 1.70.180(b) and 1.70.190, pertaining to secondary employment and post-employment prohibitions, if it additionally finds that:
(1) The waiver is needed to ensure that competent services to WSSC or the public are timely and available;
(2) Failing to grant the waiver may reduce the ability of WSSC to hire or retain highly qualified employees; or
(3) The proposed employment is not likely to create an actual conflict of interest.
(c) The Board may impose appropriate conditions to fulfill the purposes of the Code of Ethics when it grants a waiver.
(d) The Board must disclose to the public any waiver that it grants. If a request for a waiver is denied, the Board may publish its response as an advisory opinion under WSSC 1.70.060. The identity of any Commissioner or employee who applies for a waiver must be kept confidential until the waiver is granted. The Board may reveal the identity of any Commissioner or employee who applies for a waiver that is not granted if:
(1) The Commissioner or employee authorizes public disclosure; or
(2) The Board has reasonable cause to believe that the Commissioner or employee has engaged in the conduct for which the waiver was sought.
(e) The Board must include the pertinent facts in each waiver. (Res. 2003-1669 § 1(2-3))