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 Contract Exemptions

1997-35​ Town 

A Town may purchase the Mayor’s land due to hardship. [non-precedential]

1998-03 Town

A Town was granted an exemption to buy a truck from the city street commissioner at below retail value.

1998-19​ Board of Education

A Board of Education was granted an exemption to use a BOE member’s towing company in emergency situations. 

1999-10​ City

A City may not contract with the mayor's hardware store because it failed to demonstrate that substantial harm to the City would be certain to occur.

2003-01 Town Council 

A Town Council may not contract with its mayor to lease property for the city hall.  Granted contract exemption, however, because it would have created an undue hardship on the Town to bar it from leasing the property.

2004-14 State Board 

A State Board may not lease a storage unit from the executive director without a contract exemption.

2004-20Town Council  

The Town Council may not contract with the spouse of the mayor to perform repair work on the town's water lines.   Granted contract exemption, however, due to four other contractors turning down the ​project

2006-11 County Prosecuting Attorney

Commission will not grant hardship waiver where contract is prohibited by W. Va. Code 61-10-15 [Note: Subsequent amendment to W. Va. Code § 61-10-15 provides discretion to Commission to grant waivers] 

2012-36 State Employee

  • May contract with State of West Virginia to compile official papers of former Governor.
  • Does not have control over contract.
  • Does not have access to confidential information related to contract award.
  • May not use public resources, including Requester’s own time and subordinate staff, to perform the duties of the contract.​
2016-06 County Public Service District
A contract exemption is not required when board members’ pecuniary interests are de minimis.