2002-08 County Board of Education member
A County Board of Education member may bid on a BOE contract after her term expires but may not use confidential information to her advantage. Revolving door and prohibited representation provisions are not applicable
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.
2011-19 A State Licensing Board
May spend public funds to hire registered lobbyist, to serve as a Legislative liaison. Registered lobbyist retained by a public agency as Legislative liaison must register as a lobbyist. Revolving door prohibition does not apply to contract employee/former executive director who terminated employment before July 1, 2011 cut-off date.
May represent clients before his former agency upon his departure from government without waiting one year. Not an “appointed public official” so one year limitation does not apply because:
2013-39 Former State Employee
- position not created by law
- no oath of office
- neither full-time staff attorney nor accountant
- May not represent clients in matters in which he was substantially involved.
- May not use or reveal confidential information.
- May register as lobbyist upon his departure from government without waiting one year since he is not under direct supervision of Member of Executive Department.
The Ethics Act contains a one-year “cooling off” period which prohibits certain high-ranking government officials and employees from registering as Lobbyists for one year following their departure from government. The Ethics Commission has no statutory authority to grant exemptions.
2014-18 Retired State Agency EmployeeMay accept a new position with a private consulting firm which contracts with his/her former employer, with limitations. The retired employee may not improperly disclose confidential information or use it for his/her own or another’s personal interests. Revolving door restrictions do not apply, because the retired employee’s state agency position was not created by law, was not appointed by the governor, and was not either the position of attorney or accountant. If the retired employee must appear before his/her former agency, he/she must first seek the agency’s approval to do so.2014-19 State Regulatory AgencyMay employ someone who owns stock in a regulated company, and whose spouse is employed in the regulated industry, as its Division Director. Where stock ownership was less than 5%, the director would file Financial Disclosure Statements, would have no authority over contracts, and regulation would be pursuant to statutory formula, employment was permissible. Such employment is not prohibited under revolving door rules, nor would such employment create an inescapable conflict. 2016-02 Former Legislative Research AnalystA former Legislative Research Analyst may register as a lobbyist after the termination of his employment without being subject to the one-year post-employment waiting period.2019-09 A City Council MemberThe Ethics Act’s “revolving door” provision, at W. Va. Code § 6B-2-5(g), does not prohibit a City Council member from representing a client before the City’s Board of Zoning Appeals in a building permit dispute.2019-27 City Council Member
- This former employee, as general counsel to an agency under the Executive Department, did not report directly to the Governor and was not directly supervised by his staff. Employee reported directly to a Cabinet Secretary and Deputy Secretary for Legal Services.
- The Ethics Act’s revolving door prohibition is inapplicable to this former state employee, but he may not use or reveal any confidential information from his past position.
The Ethics Act’s “revolving door” provision, at W. Va. Code § 6B-2-5(g), and prohibited representation provision, at W. Va. Code § 6B-2-5(f), do not prohibit a City Council member from representing a client in traffic code violations before the City’s Municipal Court.
2022-12 Former Deputy Secretary of a State Department
A former Deputy Secretary of a state department is not prohibited from seeking employment in the private and public sectors under W. Va. Code § 6B-2-5(h), from registering as a lobbyist without waiting one year under § 6B-3-2(e), or from appearing before his former agency in a representative capacity under § 6B-2-5(g). The former deputy secretary is subject to the limitations in § 6B-2-5(f), regarding matters in which he was substantially involved.