Agency Header

 Persons Covered by the Act

2000-38 State Employee

A State Employee who serves as the Governor’s Chief of Staff is a public employee and not an appointed public official. 

2001-13 Nonprofit Corporation Employees

Nonprofit Corporation employees are not subject to the Ethics Act.​

2001-22 Nonprofit Corporation employees

Nonprofit Corporation’s Employees are not subject to the Ethics Act even if it is receiving federal funding.

2003-11Non-Profit Corporation 

A non-profit corporation is not subject to the Act even though most of its funding is from the state.

2005-09 County School Superintendent
School Superintendent’s service on Board of Directors of private organization does not subject organization to Ethics Act jurisdiction

2010-09  County Rescue Service
Members and employees of a nonprofit corporation which is not a public entity are not covered by the Act, even though three of the seven members are appointed by the county commission, the corporation is funded by county ambulance fees, and the county commission reviews and approves its budget.

2011-04 Per Diem Legislative Attorney   

  • Per Diem Legislative Attorney, who is not, on July 1, 2011, a Legislative employee as defined by the IRS, is not subject to revolving door prohibition.
  • Independent contractors are not covered by the Ethics Act.
2012-21 Local Health Department
  • Any person or public entity subject to the Ethics Act may seek advisory opinion about their own prospective conduct. 
  • Public servant members of non-profit entity that oversees and distributes federal grants to their employers must recuse themselves from considering, evaluating, discussing, ranking, and/or overseeing funding decisions, including the funding matrix.
  • Possibly permissible for non-profit organization to handle funding allocation matters if:
    • the non-profit entity and its board are truly independent of the State of West Virginia and the local health departments; 
    • as a matter of law, the​ state agency has clear legal authority to give this funding authority to the non-profit entity generally;
    • the state agency has legal authority to delegate a portion of its executive powers to a non-profit organization; and 
    • the relevant federal grant guidelines expressly permit this delegation of authority to the non-profit entity.
2017-12 A County Commissioner
A Convention and Visitor’s Bureau is not subject to the Ethics Act as it is a nonprofit corporation and not a government agency.

2019-04 A City
A City’s Fire Chief, who is also the Fire Chief for a VFD, is a part-time appointed public official who is subject to the Ethics Act.