Ethics Advisory Opinions

To view the Index of Ethics Advisory Opinions by Topic, click here: AO INDEX.

Index of Ethics Opinions by Topic

CONFLICT OF INTEREST

2005-11 State Official
No Ethics Act provision prohibits state elected official from holding appointed federal position, but State constitutional limitations may apply.

2006-01 County Solid Waste Authority
Rewards program for law enforcement officers reporting illegal dumps not permissible.

2006-03 State Administrative Law Judge 
Not prohibited from conducting outside law practice 
May not represent individuals he regulates 
May not use state resources for private business activities

2006-04 County Employee
Spouse’s work for developer does not bar him from providing support services to county agencies considering developer’s permit applications

2006-06 State Legislator
May not use position to influence appropriations to non-profit employer

2007-04 Assistant Attorney General
May send letter at own expense to clients he represented as government attorney advising of his move to private practice

2007-05 County Commissioner
May provide information on web site for law practice which relates to his role as an elected Commissioner

2007-07 Mayor
Appointment of Mayor’s son as City Attorney would create “inescapable” conflict of interest

2007-13 Administrative Law Judge
Permitted to engage in outside practice of law, provided certain limitations are followed
 
2011-01 County Council Member
County Council Member’s business may appraise estates so long she recuses herself from any matters coming before the County Council involving the probate of any estate her business has appraised.
County Council Member’s business may not appraise any estates over which the Sheriff has been appointed by the County Council as the administrator. 
County Council Member’s business should be removed from the Fiduciary Supervisor’s list of available appraisers.
County Council Member may not appear, as a representative or witness, before the Council, either about the appraised value, or the amount of her compensation.
County Council Member may not accept protected persons from the Sheriff for placement in her nursing home, absent a contract exemption for the Sheriff.

2011-02  County Council Member 
County Council Member’s business may contract with a multi-county Conservation District under the following circumstances:
 (1) the contract is let via a sealed bid process;
 (2) the project is not funded by County money;
 (3) the project is not the subject of an agreement between the District and the County including any agreement for flood control as authorized by W.Va. Code § 19-21A-13 ; and
 (4) the affected Member recuses himself from the District’s appropriation request or any request for funding. 

Opinion does not authorize the employment of County Commissioners or County Council Members, their spouses or dependents, by Conservation Districts in the County where they serve.

2011-09 County Hospital 
• County Hospital may accept unsolicited offer of equipment and related services from appointed board member.
• County Hospital may accept unsolicited offer of real property from appointed board member so long as:  there are no financial conditions associated with the property transfer; and the body notifies the public of the member’s offer and allows other property owners to offer their property.
• County Hospital may accept unsolicited offer of real property from appointed board member even if there are unresolved issues requiring mitigation (e.g. environmental hazards, or outstanding liens), but only if an independent evaluation determines that the overriding benefit is to the governing body rather than the donor and it receives permission from the Ethics Commission.
Modifies AO 95-09 by clarifying that the donation (as opposed to the leasing) of property does not constitute a public contract.

2012-17 Presiding Officer of a house of West Virginia Legislature
• May not be retained to provide legal services to an Association which is actively engaged in lobbying Legislature on behalf of its members who are public employees.
• Proposed employment contract presents an inescapable conflict, given the unique position held and power wielded by the presiding officer.
• Access to confidential information may have chilling effect on other legislators, if proposed employment contract permitted.
• Public may perceive that Association has hired him because of his unique ability to influence legislation. 
• Other Associations that do not employee a high ranking member of the Legislature may believe that they are at a disadvantage in the legislative process. 
Opinion limited to Presiding Officers of houses of West Virginia Legislature.

2012-19 Member of the Legislature
• May be retained to provide consulting services to Public University during and after his term of office.
• Conflict of interest cured by his removal from potentially overlapping committees.
• Must consult with Presiding Officer of his house and abide by appropriate legislative voting rule.
• May not use influence of legislative position to attempt to affect the actions of University personnel to enhance his contractual benefits; introduce, sponsor or advocate legislation to benefit the University in any way; influence either the State’s distribution of federal grant money or State funds to the University for any purpose, not just those related to his consulting contract; or influence the appropriation of public funds to benefit the University in any way.

2013-02  County Board of Education
• School coach may privately employ School Principal.
• Principal may not evaluate coach who is his private employer, nor make recommendations to BOE concerning his subordinate employee/employer.
• Assistant Principal may evaluate coach so long as Superintendent or designee, who is not Principal’s subordinate, reviews evaluation.
• Prohibition against direct solicitation of business from subordinate relates to commercial transactions such as sale of goods or services, not employment. 

2013-09 County Prosecutor
• Ethics Act does not prohibit Assistant Prosecutor from serving as elected County Commissioner in another County, even if counties are situated in same judicial circuit.
• Assistant Prosecutor must perform County Commission duties on his own time, not during public work hours. 

2013-11 State Legislator
• State Legislator may not sponsor legislation relating to issue upon which he advised a client of his private law practice prior to his election to Legislature when bill uniquely affects his client, rather than class of five or more.
• Presiding Officer determines whether to excuse Legislator from voting.

2013-16 Solid Waste Authority
• A solid waste authority may accept funds from companies it regulates, for an event with public purpose and significant public benefit, where solicitation was directed to the general public for this event.
• However, the solid waste authority may not accept funds from a company who is currently negotiating a long term land lease and potential private/public partnership with the authority.

2013-21  County Commission
• A County Commission may not employ a private attorney for civil matters (as employee, or on a contract basis) if that attorney maintains a private criminal defense practice in the same county.
• Regardless of the lack of involvement in setting the budget for the Prosecuting Attorney’s Office, an inescapable conflict is created in serving both positions simultaneously, such that both positions of attorney for county commission and private criminal defense attorney in same county, may not be held.

2013-25 Board Member of Conservation District
• A Conservation District may not reimburse landowner expenses where the provider is a member of the Conservation District Board unless the Conservation District seeks and obtains a contract exemption from the Ethics Commission.
A Conflict of interest exists where the elected Board Member of Conservation District Board, votes to approve landowners’ applications to participate in the program and receive reimbursement for lime/fertilizer, and the board member effectively provides these products and services.
• The conflict of interest may not be cured by Board Member’s recusal from voting. Further, the Board Member may not contract with another vendor to provide the services, thereby circumventing the Ethics Act.
• A Conservation District Board member’s failure to respond to an Ethics Commission’s request for additional information, and failure to timely file a Financial Disclosure Statement may constitute intentional avoidance of disclosure, constituting knowing failure, a misdemeanor under WV code §6B-2-10(c).

 2013-30 State Agency Commissioner
• The Ethics Act prohibits the Commissioner of a State Agency that promotes and regulates live dog and horse racing throughout the state from retaining a 20% ownership interest in a horse that will compete in WV. (This commissioner would be subject to regulations which he/she is charged with enforcing, creating a conflict of interest.)
• WV Code § 6B-2-5(k) states there can be no participation in rate making or licensing where the ownership interest is greater than 10%.
• WV Code § 6B-2-5(j) prohibits public servants from voting on matters in which they have a financial interest; therefore the State Agency Commissioner is prohibited from voting on matters related to horse racing.
• The Commissioner of this State Agency is privy to confidential information, and must avoid the appearance of impropriety, or unfair advantage over other horse owners.

2013-33 Elected State Official
• An Elected State Official may serve as Secretary of a local Masonic Lodge and accept an expense reimbursement stipend of $300 per month.
• None of the Elected State Official’s public duties overlap with serving as the Secretary of a local Masonic lodge.
• Both positions are permissible so long as there is no public contract involved, no regulation of the lodge by the official’s state office, and no private work during public work time or with public resources. The stipend must be unrelated to the • Elected State Official’s public position. 

2013-34 Sheriff's Tax Deputy
• A Sheriff’s Tax Deputy may provide security services to residents and law enforcement throughout the state through a limited liability company with some exceptions.
• The Sheriff’s Tax Deputy is prohibited from charging fees for any goods or services that he or the LLC provides to any government agencies within the county which he/she serves. He/she may not use more than a de minimus amount of public resources for private purposes.
• WV Code § 6B-2-5(o) states there may be no solicitation of private business from subordinate public officials or public employees whom he/she has authority to direct, supervise or control.
• The Sheriff’s Tax Deputy must recuse himself/herself from handling delinquent taxpayer accounts for current or prospective customers of his/her private business.

2013-35 Housing Authority Inspector/Mayor (Conflict of Interest, Employment Restrictions, Vote)
• A Housing Authority may continue to employ a part time inspector who was recently elected Mayor of a nearby town, with limitations.
• The Mayor must recuse himself/herself from any matters regarding his Housing Authority employer.
• If the Mayor also serves as Municipal Judge, additional care must be taken when citizens under his/her authority as housing inspector appear in municipal court. • He/she must disclose the conflict, and if requested by either party, must recuse himself/herself. The Mayor will also be prohibited from presiding as municipal judge when he/she performed a housing inspection for a party within the last six months.

2013-36 County Assessor (Conflict of Interest, Public Contracts, Private Gain)
• A County Assessor may purchase office supplies from a company owned by his employee’s fiancé. (The employee has no involvement with supply purchases. The County Assessor has no financial or personal relationship with the employee or his/her fiancé.)
• WV Code § 61-10-15 is applicable to the County Assessor, but not to all county employees.
• There may be no interest in public contracts and no favoritism. The employee has no voice over purchases, and is not a “county official”. The County Assessor is a county official, but there is no Ethics Act violation because the employee has no control over purchases and the County Assessor has no personal or financial relationship with the employee or his/ her fiancé.

2013-37 Civil Service Board Member
• A Civil Service Board member may not sit on the board while he/she is employed by the Sheriff. The board member’s recusal is not appropriate. The board member may only continue sitting on the Civil Service Board if he/she resigns from employment with the Sheriff.
• Employment by a public agency constitutes a personal financial interest which prohibits a public employee from voting on matters which affect his/her employer.
• On the Civil Service board, this board member would be required to investigate the sheriff’s office and his/her coworkers, as well as review tests/training certifications to determine promotions, and judge propriety of disciplinary action; all of which equate to prohibited financial interests.  (Overruled by 2013-47.)

2013-41 County Employee
• A county employee may not serve on County Commission while employed full time by the County Ambulance Authority.
• W.Va. Code §61-10-15 prohibits county officials from having an interest in public contracts. The County Commission appoints all members of the County Ambulance Authority and has authority to make contributions to the ambulance authority from general funds. If elected, the county employee would have voice, influence or control over the County Ambulance Authority who has control over his/her employment, via the Authority’s Executive Director.

2013-43 Members of County Solid Waste Authority
The individual members of a County Solid Waste Authority do not violate the Ethics Act by continuing a meeting after a member with a purported conflict of interest has refused to recuse himself/herself. Instead, the member who refuses recusal likely violates the Act.

2013-47 Town Council Members, County Employees
• Town Council members who are currently employed, or whose spouses are currently employed by the County Board of Education may vote on issues concerning property deeded to the Board of Education.
• W.Va. Code §6B-1-3(b) defines business as “any entity through which business for profit is conducted”. This definition does not include a governing body.
W.Va. Code § 6B-2-5(d) states that no elected or appointed public official or public employee or member of his/her immediate family or business with which he/she is associated may be a party to or have an interest in the profits or benefits of a contract which the official or employee may have direct authority to enter into or over which he/she may have control.
• W.Va. Code § 6B-2-5(j)(1)(A) states that public officials may not vote on a matter in which they or an immediate family member or a business with which they or an immediate family member is associated have a financial interest.
• The Ethics Commission overrules AO 2012-05, and finds that the Ethics Act does not prohibit a public official from voting on a matter with which his/her public employer has a financial interest. Further, retired employees have no financial interest. Here, a council member who is currently employed by the County Board of Education as a teacher is subject to W.Va. Code§ 61-1-15, but has no voice or control over the contract under these facts.

2013-48 State Agency Employees
A state agency may not allow its death investigators to provide contract services to the county as County Medical Examiners. Investigators would have a conflict of interest as they would be in the position of awarding contracts to one another. If this state agency is unable to find qualified candidates, it may seek a contract exemption from the Ethics Commission.

2013-50 State Agency Employees
State agency employees assigned to various Conservation Districts may participate in a state funded Agricultural Enhancement program that is administered by the Districts because they have no authority or control over these matters. However, state agency employees are cautioned not to take any action related to their own participation in the program except ministerial functions.

2013-51 Commercial Supervisor in County Assessor's Office
• A commercial supervisor in the County Assessor’s office may lease residential property in the county in which he/she is employed, because this property is not subject to his/her regulatory action.
• A commercial supervisor in the County Assessor’s office may not purchase, sell or lease commercial property in the county where he/she works, because either he/she or his/her subordinates take annual regulatory action on this property. (Personal transactions for personal homes are exceptions.)
• A commercial supervisor in the County Assessor’s office may not purchase any commercial property at property tax lien auctions. (The purchase of residential property over which he/she has no regulatory control is permissible at tax auction.)
The only exception is if a property exemption is sought and obtained from the Ethics Commission.
• Any employee of the County Assessor’s office who had the authority to select property for sale at auction and/or control the price or value thereof is prohibited from purchasing the property at auction. Employees of the County Assessor’s office may not engage in real estate transactions, including purchasing property at auction while on the public clock.

2013-52 Board President, County Ambulance Authority
• A County Ambulance Authority may purchase property from the brother of its Board President. The Board President’s brother is outside the definition of immediate family and there is no financial relationship between them. The County Ambulance Authority Board President is also not subject to restriction because he/she is a part time appointed official.
• The Board President has no financial interest, and therefore may vote on the property purchase. However, favoritism is prohibited in selecting property.

2013-53 County Board of Education
• A county Board of Education member may vote on changing the Board of Education’s financial institution to a local bank in which he/she is a shareholder. He/she holds less than 1% stock so that neither the Ethics Act or W.Va. Code § 61-10-15 prohibit the Board of Education from contracting with the bank in which the board member owns stock. Some limitations apply.
• The board member is prohibited from steering business to this bank, may not use undue influence, and still must recuse himself/herself on votes regarding the bank.
It is generally impermissible for a county official to have a pecuniary interest in a contract over which he/she has control. (W.Va. Code § 61-10-15(a))
There is a specific exception for interest in banks in W.Va. Code § 61-10-15(f), though, as long as the person recuses himself/herself from the “deliberations or ultimate determination” of the depository of funds.

2013-55 County Assessor
A County Assessor’s adult daughter may purchase property in the same county in which he/she works, as the daughter does not reside with the Assessor, and neither the Assessor nor his/her spouse has an ownership interest in the property.
The Assessor and his/her spouse may also engage in property purchase transactions in the county, if they are for personal residences. (The Deputy Assessor is authorized to assess the Assessor’s property.)

2013-58 County Commission/Regional Drug Court Team
• A Regional Drug Court Team and its Advisory Board may contract with a County Commissioner to provide dental services to a drug court participant, with limitations.
• The contract for dental work must be let out via a sealed bid process, dental work must not be funded by or comingled with funds from the county commission, and the affected county commissioner must recuse himself/herself from any Drug Court requests for funding directed to the County Commission.
• This dental work was to be paid for from individual donations and grants, and voluntary allocation of County Commission funds did not constitute direct authority or control. 

2013-59 State Licensing Board
• The Ethics Commission lacked jurisdiction to answer the question presented regarding the licensing board’s enabling legislation, and the potential conflict of interest posed by a member of the State Licensing board accepting a paid position with a private entity and that member’s ability to remain on the state licensing board.
• The state licensing board should consult the Governor’s office, which has appointing authority for state licensing board members regarding any potential conflicts of interest.

2013-60 State Licensing Board Member overruled by AO 2020-05
A member of a state licensing board may not accept a paid position with a private entity and remain on the board. The private entity is a firm that conducts business with professionals that the state licensing board licenses and regulates. The firm contracts with professionals licensed by the state licensing board in order to provide services to participants in government programs. This state licensing board member would be simultaneously responsible for enforcing compliance with regulations over the same people which he/she represents to a private entity.
Under these facts, the public and private roles are too inextricably intertwined and present an impossible impediment to impartiality. This state licensing board member is unable to perform both positions without creating unavoidable conflict of interest and an impermissible use of public office for private gain.

2014-02 State Board Members
Are not prohibited from serving on the State Board or from voting on the applications submitted by municipalities with which they have a relationship. The Ethics Act’s definition of “business” does not include a governing body, therefore these State Board members do not have a financial interest in the municipal applications under W.Va. Code § 6B-1-3(b).

2014-04 Assistant Park Superintendent
• May serve at the same park where his/her brother has a contract to operate its marina, with limitations. A third party must investigate complaints and report these to his/her supervisor. Assistant Park Superintendent should not inspect the concessions or initiate corrective action, but should either assign another employee to do so, or do so along with another non-subordinate employee.
• Prohibition against interest in public contract is limited to “immediate family members” based on the inherent financial relationships between spouses who live together, as well as dependent children, grandchildren, and parents. By contrast, an adult sibling is not presumptively financially dependent on another sibling.
• Therefore, the contract between Assistant Park Superintendent’s brother and the state agency is not prohibited under W.Va. Code § 6B-2-5(d).

2014-05 County Board of Education
• May purchase a scoreboard from an athletic booster organization, a private, non-profit charitable organization, despite having a member who is common to both the governing body and the private organization.
• Common member to each organization is not compensated by the athletics boosters organization, has no financial relationship with the boosters organization, and is not a party to the boosters organization loan for the scoreboard.
• Common member is not required to recuse him/herself on any matters related to any contract or transaction between the governing body and the boosters. Non- profit organizations are not encompassed in the Ethics Act definition of a “business” in W.Va. Code § 6b-1-3(b).
• Neither W.Va. Code § 61-10-15 nor 6B-2-5(d)(1) prohibits the contract, as the common member does not have a personal interest in the contract, and the non-profit’s financial interest cannot be imputed to the common member by virtue of his position on the non- profit board, without evidence that he/she receives financial benefit in the transaction.

2014-08 Appointed Member of County Solid Waste Authority
• May, in his/her private capacity, bring a civil suit against the authority on whose board he/she serves, with limitations.
• Member must recuse him/herself from deliberations or votes related to his/her lawsuit, as he/she has a direct financial interest in the litigation, and is a party to the litigation. Member is further prohibited from discussing, deliberating, or voting on waste hauling certificates of convenience and necessity by the Public Service Commission, the subject matter of the lawsuit.
• Member is further prohibited from participating in the authority’s development of any plan regarding related matters, unless done as a member of a class of five or more similarly situated parties.
• Member must not use his/her public position to further his/her private interests, must not use confidential information obtained through his/her public position to further private interests, and may not informally communicate with fellow appointed members of the authority to influence voting related to the lawsuit.

2014-09 Candidate for County Board of Education
• May, if elected, be employed as a teacher for a multi-county area vocational center that services the county because the Board of Education is not the teacher’s employer.
• County board of education member is not prohibited from voting on matters related to the vocational center because he/she does not have a financial interest in the funding for the vocational center as an employee of the vocational center.
Candidate/employee does not have the requisite control in employment decisions to invoke prohibitions in WV Code § 61-10-15.
• Some conditions apply: If elected, candidate may not use his/her position on the county board of education to obtain a position at the vocational center, to promote raises or other benefits to his/herself or others, unless the class exception is applicable, and may not serve on the vocational center’s Administrative council. Candidate may not use public resources, including county board of education staff to perform private work for the vocational center.

2014-10 Members of City Council
May vote, despite being potentially affected by ward boundary adjustment.
No distinction is made between members of city council who plan to run for reelection versus those who do not. Each is voting on an issue which will impact the status of future city councils, not the current city council of which they are a part. Neither current city council member has a direct interest, financial or otherwise, in the terms of future elected officials for purposes of the Ethics Act.

2014-11 Sheriff
• May expend funds from the Sheriff’s Concealed Weapons Fund for the purpose of fitness supplies and equipment to assist the Sheriff’s deputies in meeting annual fitness requirements of the position because it falls within the Ethics Act’s definition of usual and customary duties.
• May expend funds from the Sheriff’s Concealed Weapons Fund for the purpose of paying for dry-cleaning of officers’ uniforms because the expenditure meets the Ethic Act’s definition of “the advancement of public policy goals or constituent services”.
• Expenditures from the Sheriff’s Concealed Weapons Fund are public funds, and may not be used for private gain, must be authorized expenditures, and must be related to law enforcement purposes, or the operating needs of the Sheriff’s Office.

2014-12 Sheriff
May not sell unused or surplus weapons directly to the son of a Deputy Sheriff and deposit the money into the Concealed Weapons Fund, as it would be using his public position to benefit the son of a subordinate in violation of the Act’s prohibition against use of public office for private gain, and would be an unavoidable conflict of interest.

2014-14 City Council Member/Municipal Employee
• May vote on general issues affecting municipal employees such as better working conditions, including raises, so long as there are more than five municipal employees, as well as issues affecting the overall municipal budget. He may further vote on issues directly affecting other departments which do not employ him.
• May not vote to advocate on behalf of municipal employees in his own department or deliberate on matters specific to that department unless there are five or more employees in that department.
• He must further recuse himself completely from any matters which affect him uniquely.

2014-15 State Agency
• May sell advertising to defray the cost of wellness tools on its website to assist public employees to improve their health because it falls within the Ethics Act’s definition of usual and customary duties and the advancement of public policy goals or constituent services.
• Selling such advertising does not constitute prohibited endorsement of a vendor or product, and so the state agency must include a disclaimer with the advertisement making clear that the appearance of the advertising should not be construed as endorsement.
• Must allow equal access for advertising to all businesses or classes of businesses related to health and wellness.

2014-17 County Sheriff
Does not have a prohibited conflict of interest if his father-in-law bids on or is awarded a contract with the Sheriff’s office. The definition of “immediate family member” does not include father-in-law, and there is no financial relationship between the Sheriff and his father-in-law, so there is no prohibited financial interest.

2014-18 Retired State Agency Employee
May 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 Agency
May 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.

2014-22 State Death Investigator
State death investigator may provide services to his State agency when a co-worker selects him by strict adherence to the rotation list without subjective input and favoritism by the co-worker.

2014-23 County Commissioners
Board of Education (BOE) employees and retirees and their spouses may serve as county commissioners and may vote on funding requests made by the BOE. 

2014-24 County Positions
Executive director of county economic development authority (EDA) may be employed by the EDA and serve as a member of the board of the county public service district. 

2014-25 County Positions
Board member of county economic development authority (EDA) may serve as a common board member to both the EDA and public service district (PSD), and the Requester may vote on any matters between the EDA and the PSD. 

2015-01 Legislators
Legislator may continue his employment during the Legislative session as an attorney with a company that employs registered lobbyists when the legal services he provides are unrelated to the company’s lobbying activities. 

2015-03 State Employees
State employee who is charged with oversight of safety and training for a statewide industry may offer private safety classes to individuals because his public duties are not regulatory, but ministerial.

2015-06 State Ratings Officer
May conduct federal rating examinations of her spouse’s region based on the specific facts presented. If those ratings affect her spouse in any way, then a different employee should conduct the examinations.

2015-10 A City Code Enforcement Officer
Is prohibited from acquiring property within the city which he/she regulates without first obtaining a contract exemption from the Ethics Commission. 

2015-16  County Building Commission Member
A County Building Commission member may purchase and develop property owned and managed by a County Urban Renewal Authority without violating W. Va. Code §§ 6B-2-5(d)(1), 6B-2-5(b) or 61-10-15.

2016-07 State Board Member
​A State Board Member may testify as an expert witness in a civil action against a defendant that has previously appeared before the State Board when the testimony would not be based upon test results or other information gained from the Board Member’s public position. The Board Member may not improperly use his position on the Board for his personal benefit, a plaintiff’s benefit or to the detriment of a defendant who may appear before the Board as this would result in improper private gain. The Board Member is prohibited from knowingly and improperly disclosing any confidential information acquired in the course of his official duties and from using such information to further his personal interests or the interests of another person.

2017-09 Cabinet Secretary
No provision of the Ethics Act per se prohibits Requester from owning 20 percent of non-voting Class B stock in a health care consulting firm or from being the sole member of a limited liability company that owns the building leased by the health care consulting firm.  

The Ethics Commission cannot speculate as to what future acts the Requester could take in his official capacity which might violate the Ethics Act. 

2017-12 A County Commissioner
Neither the Ethics Act nor W. Va. Code § 61-10-15 prohibits an appointed parks board member from serving as an uncompensated member of a Convention and Vistior's Bureau ("CVB") board or from serving as the president of the parks board and the CVB board at the same time.  Nothing in the Ethics Act or W. Va. Code § 61-10-15 per se prohibits the president of a chamber of commerce from also serving as the president of a parks board and as the president of a CVB board.  If the president of the chamber of commerce is compensated for his or her service on the chamber's board, then additional limitations may apply.

2017-17 A County Planning Commission Member 
County planning commission members may not attend public hearings before the planning commission on which they serve on projects with which they are associated.  They may, however, pursuant to a specific exception in the Ethics Act and related Code provision, communicate with planning commission staff outside of meetings and public hearings regarding the projects.

2017-18 A Cabinet Secretary
A Cabinet Secretary’s former stock ownership interest in a consulting firm does not require him to remove himself from matters involving the firm or its clients.

W. Va Code § 6B-2-5(h) does not prohibit a Cabinet Secretary’s lease of real property to a firm which has or may have regulatory matters before his department as the lease predates his appointment to public office and is being continued under its original terms.  He may not use his public office to unlawfully benefit the firm and must seek a Property Exemption from the Ethics Commission if he seeks to make a material change, such as a rent increase, to the terms of the lease.

2019-09 A City Council Member 
The 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. 

2019-23 County Airport Authority member
The Ethics Act does not generally prescribe who is eligible to serve on a public body.  The Act does not prohibit the Requester from simultaneously serving on the boards of the Airport Authority and the Chamber of Commerce while maintaining his employment with a local hotel.

2019-27 City Council Member

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. 

2019-28 Pre-candidate for Sheriff
The Ethics Act permits a Sheriff to continue to operate a real estate business that leases and sells property to individuals and businesses in the same county.  A Sheriff may not seek to sell or lease property to persons who have been the subject of a regulatory matter within the last 12 months or which currently have a matter before the Sheriff’s Office, such as persons under investigation by the Sheriff’s Office, delinquent in paying county taxes or subject to a warrant.

2020-03 A State Appeals Board member

The Ethics Act does not prohibit a State Appeals Board member from serving as a member of a Political Executive Committee.  While nothing in the Ethics Act prohibits a public official from serving as a member of a Political Party Executive Committee, the Commission has no jurisdiction to rule whether other laws or policies prohibit it. 

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2012-17 Presiding Officer of a house of West Virginia Legislature
• May not be retained to provide legal services to an Association which is actively engaged in lobbying Legislature on behalf of its members who are public employees.
• Proposed employment contract presents an inescapable conflict, given the unique position held and power wielded by the presiding officer.
Access to confidential information may have chilling effect on other legislators, if proposed employment contract permitted.
• Public may perceive that Association has hired him because of his unique ability to influence legislation. 
• Other Associations that do not employee a high ranking member of the Legislature may believe that they are at a disadvantage in the legislative process. 
Opinion limited to Presiding Officers of houses of West Virginia Legislature.

2012-25 State Employee
•May represent clients before his former agency upon his departure from government without waiting one year.
•One-year limitation does not apply because position not created by law, oath of office not taken and employee is not a full-time staff attorney or accountant.
•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.

 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.

2012-38 Part-time Appointed Member of a Review Commission
• May provide referral list of names of companies and individuals as prospective buyers to owners of distressed properties appearing before Review Commission.
May, if Review Commission unable to assist in facilitating sale of distressed property (despite providing list of prospective buyers), as part-time appointed public official, purchase property from interested person subject to the foloowing limitations:
• May not use confidential information acquired in course of official duties to further own personal interests or the interests of another person; and
• Must recuse self from all matters relating to subject property.

2013-03 Solid Waste Authority
• Member/banker who has been directly involved in approving loans for Board Member/waste hauler within past 12 months must recuse himself from matters affecting Member/waste hauler, unless he is affected as member of class of five or more.
• If Member/banker is only a bank board member who has not been directly involved with loans to Member/waste hauler, then recusal is not required. 

2013-11 State Legislator
• State Legislator may not sponsor legislation relating to issue upon which he advised a client of his private law practice prior to his election to Legislature when bill uniquely affects his client, rather than class of five or more.
• Presiding Officer determines whether to excuse Legislator from voting.

2013-30 State Agency Commissioner
• The Ethics Act prohibits the Commissioner of a State Agency that promotes and regulates live dog and horse racing throughout the state from retaining a 20% ownership interest in a horse that will compete in WV. (This commissioner would be subject to regulations which he/she is charged with enforcing, creating a conflict of interest.)
• WV Code § 6B-2-5(k) states there can be no participation in rate making or licensing where the ownership interest is greater than 10%.
• WV Code § 6B-2-5(j) prohibits public servants from voting on matters in which they have a financial interest; therefore the State Agency Commissioner is prohibited from voting on matters related to horse racing.
• The Commissioner of this State Agency is privy to confidential information, and must avoid the appearance of impropriety, or unfair advantage over other horse owners.

2013-39 Former State Employee
• 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.
• 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.

2013-54 State Agency Employee
Staff attorneys for a State Agency may serve as Assistant Prosecuting Attorneys. The salary for the Assistant Prosecuting Attorney was not paid by the county Prosecutor’s Office, but by the State Agency. Therefore there is no prohibited private gain and the use of acquired information does not constitute knowing and improper disclosure.

2014-08 Appointed Member of County Solid Waste Authority
• May, in his/her private capacity, bring a civil suit against the authority on whose board he/she serves, with limitations.
• Member must recuse him/herself from deliberations or votes related to his/her lawsuit, as he/she has a direct financial interest in the litigation, and is a party to the litigation. Member is further prohibited from discussing, deliberating, or voting on waste hauling certificates of convenience and necessity by the Public Service Commission, the subject matter of the lawsuit.
• Member is further prohibited from participating in the authority’s development of any plan regarding related matters, unless done as a member of a class of five or more similarly situated parties.
• Member must not use his/her public position to further his/her private interests, must not use confidential information obtained through his/her public position to further private interests, and may not informally communicate with fellow appointed members of the authority to influence voting related to the lawsuit.

2014-18 Retired State Agency Employee
May 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.

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CONTRACTS - EXEMPTIONS             back to top

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.  

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CONTRACTS              back to top

2007-03 County Assessor 
Continued employment of Assessor’s fiancé' in Assessor’s Office following marriage to County Assessor would not violate (d) but would violate W. Va. Code § 61-10-15 

2007-08 Public School Teacher 
May enter into vending services contract with school system by which he is employed.

2007-11 Municipal Utilities Commission Board Member 
Commission may contract with company owned by part-time appointed Board Member to install water tank, provided Member is recused.

2008-08 City Attorney 
Conflict would arise from spouse's business contracting with city 
Full-time City attorney is equivalent to a General Counsel or Prosecuting Attorney with inherent authority over municipal contracting. 

2008-10 County Commissioner 
Contract between County Airport Authority and business owned by County Commissioner not subject to prohibition where Commissioner does not serve on Airport Authority (but see 61-10-15) 

2009-08  Board of Directors of State Agency--overrruled, in part, by Advisory Opinion 2017-22
• Board members associated with entities which may have financial interest in Agency's contracts may not serve on subcommittee which reviews and recommends funding proposals. 
• Board members associated with entities which may have financial interest in Agency's contracts may continue to serve on Board, but must recuse themselves from discussion, deliberation and decision-making on matters related to those entities with which they are associated.

2009-11 Board of Education / Assistant Principal
• Assistant Principal is subject to the prohibitions in § 61-10-15.
Assistant Principal has voice, influence, or control over subject Board of Education contract affecting his school by virtue of his responsibility to oversee all school activities at his school.
• Board of Education may not contract with Assistant Principal's private business to provide after-school driver's education program to County students.

2010-03 County Board of Education Candidate 
• Spouse of county BOE member may be employed as chief mechanic, a service position that meets the exception in W. Va. Code § 61-10-15.
• May not use position to obtain, increase or promote the interests of spouse as a BOE employee.

2010-04 County Board of Education Member
• Board may contract with a private non-profit when one of the BOE members sits on the Board of the non-profit so long as the common ​Board member does not vote on any matters relating to the non-profit and recuses himself from the decision-making process and vote.  (This portion overruled by AO 2011-12; common Board member is no longer required to recuse himself and may vote.)
• May not use position to obtain, increase or promote the interests of spouse as a BOE employee.

2010-10  Board of Directors of a County Authority
Ethics Act does not prohibit part time appointed officials from bidding at auction on items sold by Board on which they serve so long as they recuse themselves from all related matters, but W. Va. Code § 61-10-15 prohibits part-time appointed officials from bidding at auction on items sold by a board on which they serve.

2010-14  County Board of Education Member
Regarding sales to schools and booster clubs from his restaurant.

2010-15  County Board of Education Member
• County BOE member may not be paid to officiate as a sports official in his own county.
• County BOE member may volunteer as a referee and receive $1 to obtain insurance coverage.

2010-16 County Board of Education Member 
• County BOE member may contract with State Department of Education for online teaching even though some teachers from her county may participate. 
• Subject contract with State, not county BOE, and thus member lacks control over contract.
• County BOE member lacks control over county BOE’s reimbursement of county teachers’ expenses incurred in taking member’s online course. 

2011-01 County Council Member 
• County council member’s business may appraise estates so long she recuses herself from any matters coming before the Council involving the probate of any estate her business has appraised.  Council member’s business may not appraise any estates over which the Sheriff has been appointed by the County Council as the administrator.   Council member’s business should be removed from the Fiduciary Supervisor’s list of available appraisers.  
Council member may not appear as a representative or witness before the Council either about the appraised value or the amount of her compensation.
• Council member may not accept protected persons from the Sheriff for placement in her nursing home without a contract exemption.

2011-03   County Hospital
• County Hospital, whose members are appointed by the county commission, may modify an existing contract with a city-owned hospital that employs a county commissioner.  
• County commission does not have direct authority or control over the contract; neither the county commission nor the County Hospital appoints the members of the city-owned hospital’s board of trustees or appropriates money to the city-owned hospital.  
• The county commissioner may not use his position to influence the award of the contract.
• If a matter relating to the contract comes before the county commission, the commissioner/city-owned hospital employee should recuse himself from voting.

2011-20  An Elected County Commissioner
• May purchase tax liens at a Sheriff's sale or through the State Auditor's Office, or both, when County Commission had no direct involvement in the assessment of the property.
• May not purchase a tax lien on property for which the owner requested adjustment of assessed value or other relief from County Commission sitting as the board of equalization and review.

2012-01 Mayor
• Ethics Act does not prohibit city employed building inspector from serving on City Council, but he must perform his Council duties on his own time, not during his public work hours.  Ethics Act does not prohibit a building inspector/city employee from serving on City Council.
• City council member employed by city may not vote on a personnel matter which affects him directly as opposed to affecting five or more employees in the same or similar manner.  
• City employed building inspector serving on City Council must recuse himself when citizens who are affected by his official actions come before City Council to address or dispute his official actions.

2012-02 County Commissioner 
Ethics Act does not prohibit county from purchasing property from real estate business with which a County Commissioner is associated.  Commissioner may not use his position to influence purchase of the property, and may not communicate with fellow County Commissioners or Building Commission members or staff on matters relating to the property.  Neither Commissioner nor his immediate family members have ownership interest in property, so there is no prohibited interest. 

2012-03 County Agency
• Ethics Act does not prohibit County Agency from employing Supervisor’s son, even though they live in the same house, so long as the Supervisor is completely removed from the hiring process. 
• Ethics Act does not prohibit County Agency from employing Supervisor’s son even though they live in the same house.
Supervisor employed by County Agency is not a county officer and therefore is not subject to provisions of W. Va. Code § 61-10-15.
• General rule:  Public servant should not supervise a relative.  
Supervisor employed by County Agency may supervise son on emergency calls and while in the field.

2012-07 Mayor
• may not use public resources for the benefit of his private business;
• may not use subordinate staff to perform work associated with his private business while the subordinates are on the government time clock;
• may not solicit private business from subordinates;
• may not distribute promotional materials concerning his private business from his office and/or in City/Town Hall;
may not have an interest in a public contract, with certain exceptions; 
• must recuse himself when a current customer appears before Council; and 
• must recuse himself from: drafting bid specifications or requests for proposals;
• recommending selection of the vendor; and/or
approving the method or manner of payment to the vendor; and
• when serving as municipal judge, must:
if customer within past six months appears, disclose the fact thereof and recuse himself if either party requests; and
recuse himself from cases involving customers within the past six months.

2012-12 Local Board of Health
• Board of Health’s part-time appointed Health Officer may accept patient referrals from the Health Department so long as s/he does not make, participate in making, or in any way attempt to use his or her office or employment to influence a government decision affecting his or her financial or limited financial interest. 
• Full-time health officer may not contract with own Board of Health unless Board seeks and receives advice or a contract exemption from Ethics Commission. 
• Local Board of Health formed by a county and a municipality not subject to strict provisions of § 61-10-15.
County Boards of Health are subject to strict provisions of § 61-10-15; their health officers (part time and full-time) may not contract with own Board of Health unless Board seeks and receives advice or a contract exemption from Ethics Commission.

2012-13 Member of a County Board of Education (BOE)
• May contract with a public university to supervise university students during their placement in public schools in the county where he serves so long as he does not use any public resources, including BOE staff, to perform his private contractual duties. 
• Agreement between public university and BOE not a public contract.

2012-16 County Commission
• Prohibited from purchasing private property from appointed member of County Building Commission. 
Purchase of property from appointed member creates impermissible conflict and a prohibited interest in a public contract. 
• May seek Contract Exemption if it believes the property is only viable option.

2012-24 Mayor 
• May reside with father who is employed by City.
May not exercise supervisory control over his father/city employee.
• May not conduct his father’s evaluations, set his schedule, authorize overtime, or approve father’s direct supervisor’s recommendations which directly affect the terms and conditions of his father’s employment.
Must recuse himself from personnel matters which uniquely affect his father as opposed to matters affecting his father as a class of five or more similarly situated employees.
May participate in collective bargaining agreement negotiations with union of City employees of which father is a member.
Must recuse himself from the negotiation of any provision in collective bargaining agreement which uniquely affects his father, but may vote on the collective bargaining agreement in its entirety.

2012-26  Candidate for County Commission 
•Spouse may not remain employed with County Clerk’s office or by any other county office or agency if Candidate becomes county commissioner.  
•Spousal exemption created by § 61-10-15 (l):
    • does not extend to persons elected to office whose spouses are already employed by County government or County school system
   • only extends to certain spouses who were employed by county prior to their marriage to a county official.

2012-28 Candidate for Prosecuting Attorney 
• If Requester is elected Prosecuting Attorney, spouse may not continue her employment with the Prosecuting Attorney’s office.
• Requester’s spouse may be employed by another county office or agency so long as she is chosen for such a position based on her experience and qualifications, not based on favoritism to the Requester.

2012-29 County Emergency Services Director 
• May not be compensated for performing duties of managing federal grant when those duties are the usual and customary duties associated with County Emergency Services Director.
• May not privately contract with County to manage a federal grant given to County for mitigation projects, when Requester’s duties as County Emergency  Services Director gives him direct authority and control over private contract with County.

2012-30 County Emergency Services Director
• May privately contract with Municipality within County to manage federal grant for mitigation projects when Municipality does not fall under County’s floodplain jurisdiction.
• Does not have direct authority voice, influence, or control over Municipality’s decision relating to grant money, and the expenditure thereof.
Must notify County Commission of contractual arrangement with Municipality; to obtain approval; and abide by any restrictions that County Commission imposes.

2012-32 State Legislator and County BOE Bus Operator 
• May contract with Regional Educational Service Agency (RESA) provided he: does not use his public position to obtain unfair advantage in securing contract; does not use his public position to gain unfair advantage for the RESA by which he is employed; and does not get paid during Legislative Session if he does not perform his contractual duties.
• May contract with RESA as Bus Operator exercises no control over contract.
• Must perform RESA duties on his own time; not during BOE work hours.  
• May be required to file verified time records with Ethics Commission if RESA duties performed during regularly scheduled BOE work hours. 

2012-34 Public Agency
May permit employee who was involuntarily denied boarding from a flight while in travel status to accept compensation from airline.

2012-37 Mayor 
$100/year compensation for serving on City Council de minimis 
Appointment to position on Council not a public contract 
May vote for candidate to fill vacancy on Council who is a customer of her husband 

2012-38 Part-time Appointed Member of a Review Commission
• May provide referral list of names of companies and individuals as prospective buyers to owners of distressed properties appearing before Review Commission.
May, if Review Commission unable to assist in facilitating sale of distressed property (despite providing list of prospective buyers), as part-time appointed public official, purchase property from interested person subject to the following limitations:
    • may not use confidential information acquired in course of official duties to further own personal interests or the interests of another person; and
    • must recuse self from all matters relating to subject property.

2012-40 Assistant Superintendent
Has voice, influence or control over spouse's subcontract with company that provides services to county school system, therefore contract prohibited.

2012-42 - Conservation District
May award $500 scholarship per calendar year to District supervisor’s child so long as District supervisor recuses him/herself from all participation in selection of scholarship participants, leaves the room during discussion and decision-making period, and fully discloses his or her interests. 
• District supervisor may not informally “lobby” or otherwise attempt to influence voting members of, or other decision-makers in, the government agency to select his/her child. 

2012-45 County Attorney 
• Has direct authority or control over County’s public contracts contemplated by W. Va. Code § 6B-2-5(d). 
• Has “voice” and “influence” over all County contracts for purposes of W. Va. Code § 61-10-15. 
• Position not “county office" so not subject to W. Va. Code § 61-10-15. 
• May not receive additional pay for serving as project coordinator for County Building Commission, absent a contract exemption. 

2012-46 City Council Member 
• May serve on City Council although Council Member’s law firm contracts with City. 
• Does not have prohibited financial interest in contract between law firm since Council Member is employee of law firm, not owner or director. 
• May not: (1) receive any commissions or remuneration as a result of contract between law firm and City; (2) work behind the scenes to steer business to law firm; or, (3) participate in deliberation or vote on matters relating to contract with his firm, e.g. approving invoices. 
• Must excuse himself from participating in discussion and decision-making process by leaving room when item is being discussed or decided; fully disclosing his interests; and recusing himself from voting on the issue. Meeting minutes must reflect basis for recusal and that Council Member left room during all discussion and vote on item under consideration. 

2012-47 County Commission
• May appoint a County Commissioner to serve as a voting member of a County Ambulance Authority, a subunit of county government. 
• Should consult with its attorney on whether other laws permit proposed self-appointment, especially when enabling legislation does not specifically authorize self-appointments and position is compensated. 
• County Commissioner does not have prohibited financial interest and may vote on matters affecting the County Ambulance Authority which come before County Commission.
 
]2013-01 Mayor
• City may employ mayor’s daughter, subject to limitations. 
• Governing body must advertise all positions in which member of body knows in advance that family member is interested therein. 
• Affected member must recuse him/herself from all decisions regarding candidates, including: deciding whether position needs to be filled; writing job description or establishing job requirements; reviewing applications or resumes; interviewing applicants; ranking applicants; and participating in decision-making process. 
• If relative is hired, affected member must be completely recused from all personnel matters related to that relative, including without limitation: salary, raises, promotion, discipline, termination or lay-offs, unless that relative is member of class of five or more. 
• For recusal to be proper, official shall disclose her/his conflict of interest and leave room during discussion, deliberation and vote thereon. Meeting minutes shall reflect official’s recusal. 
• May not: 
       • informally attempt to influence official action on behalf of relative; 
       • “lobby” fellow members of governing body to take favorable action on relative’s behalf; or 
       • attempt to influence relative’s supervisor to take favorable action. 
• May not supervise any relative or relative’s supervisor. 

2013-09 County Prosecutor 
• Ethics Act does not prohibit Assistant Prosecutor from serving as elected County Commissioner in another County, even if counties are situated in same judicial circuit. 
• Assistant Prosecutor must perform County Commission duties on his own time, not during public work hours. 

2013-13 County Commissioner
• Unless it obtains a contract exemption, County Commission prohibited from leasing its marina to business partner of a County Commissioner, even when such marina is unrelated to the partnership. 

2013-19 City Council Member 
• A town council member may not (prospectively) rent a building owned by the town. 
• The prior lease was proper, as the town council member was not a member at the time of original lease. 
• Regarding town’s property offered for rent, the town council must use due diligence, must advertise publicly, offer fair opportunity to compete, and use recent property comparables. After this process, the town may seek a contract exemption. However, the affected town council member may not participate in the decision regarding seeking a contract exemption, but rather must recuse himself/herself. 

2013-22 State Employee 
A state employee may enter into a subcontract via his/her private trucking business with a contractor of a state agency. 
Here, the subcontract does not constitute use of public office for private gain because the employee has no control or authority over the selection of the state agency contractor and will not perform work for his/her private trucking business while working for the state agency. 

2013-24 Regional Solid Waste Authority 
• A Regional Solid Waste Authority may continue to contract with an insurance agency while the Authority’s Chairperson is Vice President and a principal thereof. 
• Part time appointed public officials are exempt from the prohibition against having an interest in the profits or benefits of a public contract over which they have authority or control, provided that the official in his/her public position, is excluded from matters related to the contract. 

2013-27  Teachers
• Teachers who served on a Textbook Adoption Committee, who participated in selecting and approving a textbook may not enter into subcontracts with a private textbook company for the purpose of training other teachers in the selected textbook’s use. 
• WV Code §61-10-15 and § 6B-2-5(d)(1) apply to these facts. Teachers who were members of the Textbook Adoption Committee had influence, voice, and control over the selection of the private textbook company’s textbook and its adoption. 

2013-36 County Assessor
• A County Assessor may purchase office supplies from a company owned by his employee’s fiancé. (The employee has no involvement with supply purchases. The County Assessor has no financial or personal relationship with the employee or his/her fiancé.) 
WV Code § 61-10-15 is applicable to the County Assessor, but not to all county employees. 
• There may be no interest in public contracts and no favoritism. The employee has no voice over purchases, and is not a “county official”. The County Assessor is a county official, but there is no Ethics Act violation because the employee has no control over purchases and the County Assessor has no personal or financial relationship with the employee or his/ her fiancé. 

2013-41 County Employee
A county employee may not serve on County Commission while employed full time by the County Ambulance Authority. 
W.Va. Code §61-10-15 prohibits county officials from having an interest in public contracts. The County Commission appoints all members of the County Ambulance Authority and has authority to make contributions to the ambulance authority from general funds. If elected, the county employee would have voice, influence or control over the County Ambulance Authority who has control over his/her employment, via the Authority’s Executive Director. 

2013-58 County Commission/Regional Drug Court Team 
A Regional Drug Court Team and its Advisory Board may contract with a County Commissioner to provide dental services to a drug court participant, with limitations. 
• The contract for dental work must be let out via a sealed bid process, dental work must not be funded by or comingled with funds from the county commission, and the affected county commissioner must recuse himself/herself from any Drug Court requests for funding directed to the County Commission. 
• This dental work was to be paid for from individual donations and grants, and voluntary allocation of County Commission funds did not constitute direct authority or control. 

2014-02 State Board Members 
Are not prohibited from serving on the State Board or from voting on the applications submitted by municipalities with which they have a relationship. The Ethics Act’s definition of “business” does not include a governing body, therefore these State Board members do not have a financial interest in the municipal applications under W.Va. Code § 6B-1-3(b). 

2014-04 Assistant Park Superintendent 
•May serve at the same park where his/her brother has a contract to operate its marina, with limitations. A third party must investigate complaints and report these to his/her supervisor. Assistant Park Superintendent should not inspect the concessions or initiate corrective action, but should either assign another employee to do so, or do so along with another non-subordinate employee. 
•Prohibition against interest in public contract is limited to “immediate family members” based on the inherent financial relationships between spouses who live together, as well as dependent children, grandchildren, and parents. By contrast, an adult sibling is not presumptively financially dependent on another sibling. Therefore, the contract between Assistant Park Superintendent’s brother and the state agency is not prohibited under W.Va. Code § 6B-2-5(d). 

2014-05 County Board of Education 
• May purchase a scoreboard from an athletic booster organization, a private, non-profit charitable organization, despite having a member who is common to both the governing body and the private organization. 
• Common member to each organization is not compensated by the athletics boosters organization, has no financial relationship with the boosters organization, and is not a party to the boosters organization loan for the scoreboard. 
• Common member is not required to recuse him/herself on any matters related to any contract or transaction between the governing body and the boosters. Non- profit organizations are not encompassed in the Ethics Act definition of a “business” in W.Va. Code § 6b-1-3(b). 
• Neither W.Va. Code § 61-10-15 nor 6B-2-5(d)(1) prohibits the contract, as the common member does not have a personal interest in the contract, and the non-profit’s financial interest cannot be imputed to the common member by virtue of his position on the non- profit board, without evidence that he/she receives financial benefit in the transaction. 

2014-08 Appointed Member of County Solid Waste Authority 
• May, in his/her private capacity, bring a civil suit against the authority on whose board he/she serves, with limitations. 
Member must recuse him/herself from deliberations or votes related to his/her lawsuit, as he/she has a direct financial interest in the litigation, and is a party to the litigation. Member is further prohibited from discussing, deliberating, or voting on waste hauling certificates of convenience and necessity by the Public Service Commission, the subject matter of the lawsuit. 
Member is further prohibited from participating in the authority’s development of any plan regarding related matters, unless done as a member of a class of five or more similarly situated parties. 
• Member must not use his/her public position to further his/her private interests, must not use confidential information obtained through his/her public position to further private interests, and may not informally communicate with fellow appointed members of the authority to influence voting related to the lawsuit. 

2014-09 Candidate for County Board of Education 
• May, if elected, be employed as a teacher for a multi-county area vocational center that services the county because the Board of Education is not the teacher’s employer. 
County board of education member is not prohibited from voting on matters related to the vocational center because he/she does not have a financial interest in the funding for the vocational center as an employee of the vocational center. 
• Candidate/employee does not have the requisite control in employment decisions to invoke prohibitions in WV Code § 61-10-15. 
• Some conditions apply: If elected, candidate may not use his/her position on the county board of education to obtain a position at the vocational center, to promote raises or other benefits to his/herself or others, unless the class exception is applicable, and may not serve on the vocational center’s Administrative council. Candidate may not use public resources, including county board of education staff to perform private work for the vocational center. 

2014-12 Sheriff 
May not sell unused or surplus weapons directly to the son of a Deputy Sheriff and deposit the money into the Concealed Weapons Fund, as it would be using his public position to benefit the son of a subordinate in violation of the Act’s prohibition against use of public office for private gain, and would be an unavoidable conflict of interest. 

2014-15 State Agency 
May sell advertising to defray the cost of wellness tools on its website to assist public employees to improve their health because it falls within the Ethics Act’s definition of usual and customary duties and the advancement of public policy goals or constituent services. 
Selling such advertising does not constitute prohibited endorsement of a vendor or product, and so the state agency must include a disclaimer with the advertisement making clear that the appearance of the advertising should not be construed as endorsement. 
Must allow equal access for advertising to all businesses or classes of businesses related to health and wellness. 

2014-17 County Sheriff 
Does not have a prohibited conflict of interest if his father-in-law bids on or is awarded a contract with the Sheriff’s office. The definition of “immediate family member” does not include father-in-law, and there is no financial relationship between the Sheriff and his father-in-law, so there is no prohibited financial interest. 

2015-05  City Council Member 
City council member may continue her lease agreement with the city building commission as long as she does not serve on the city building commission or participate in the appointment of members to serve on the building commission. 

2015-16 County Building Commission Member
A County Building Commission member may purchase and develop property owned and managed by a County Urban Renewal Authority without violating W. Va. Code §§ 6B-2-5(d)(1), 6B-2-5(b) or 61-10-15.

2016-12 County Prosecutor
A County Prosecutor does not have a prohibited financial or pecuniary interest in his mother-in-law’s building’s sales agreement; therefore, the purchase of the building by the County Commission is permissible under W.Va. Code § 6B-2-5(d) and W.Va. Code § 61-10-15.  

2017-02 County Commissioner
• W.Va. Code §61-10-15 prohibits Commissioner’s company from submitting bids to provide contractors with materials for a Parks and Recreation Commission project.
• Commissioner has an indirect pecuniary interest in contract when his/her financial interest is directly tied to whether customers of his/her company are able to secure the contract.
 • W .Va. Code § 61-10-15 also prohibits the company from directly contracting to provide materials to the county public service district.

DOUBLE DIPPING             back to top

2006-06 State Legislator
Pay from private employer permitted during Legislative session, if consistent with job duties

2008-05 County Parks & Recreation Commission
A golf pro employed at a public golf course may accept pay for private lessons if he clocks out before conducting the lesson.

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.

2013-04  County Commission
• Performing multiple job functions for same County Employer does not constitute illegal “double dipping.”
• The source of funding for multiple jobs with same County Employer does not affect determination.
• Ethics Act does not require separate time keeping for each job function. 

2013-42 County Employee
A County Geographic Information System Coordinator is not prohibited from contracting to perform similar work on behalf of municipality because he makes no regulatory or policy recommendations to either the county or municipality. Some limitations apply: Municipal work must be on his/her own time, using private resources; he/she may not use county staff for private work. 

2021-17​ A City

City employees, including part-time and seasonal employees, were prohibited from accepting tips from members of the public under W. Va. Code § 6B-2-5(c)(prohibited gifts), (m), and (h)(6) (prohibited extra compensation) because members of the public were doing business with the city and the employees were being fully compensated by the City. 

 

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EMPLOYMENT: RESTRICTIONS                 back to top

2006-03 State Administrative Law Judge (h)
May not represent individuals he regulates while engaging in part-time private law practice

2009-07  County Commissioner (g)
• County  Commissioner, a private attorney, may prepare wills, but must fully recuse himself from County Commission's probate therof;
• County Commissioner may not appear in a representative capacity in any probate proceeding before the County Commission, even if uncontested;
• County Commissioner may testify as witness to will's validity before County Commission but must recuse himself from decision-making on any such will.

2009-10  State Employee (h)
A State employee whose employer has accreditation oversight of institutions of higher education may be compensated for teaching a course at a public university so long as he
• Notifies his supervisor;
•  Has his work relating to the accreditation of the public university as part of his doctoral program reviewed by his supervisor and his employing Agency's Review Board;
• Prepares for and teaches the course on his own time;
• Does not use any public resources

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.

2011-14  Candidate for County Assessor
• May not continue career as owner and broker of real estate business within county where he will serve, if elected.
• May continue career as owner and broker of real estate business in other counties so long as he does not: use his official position in any way that would give him an advantage; conduct his business on county time; or use county resources (including staff) to conduct his private real estate business.

2012-03 County Agency
• Ethics Act does not prohibit County Agency from employing Supervisor’s son, even though they live in the same house, so long as the Supervisor is completely removed from the hiring process.
• Ethics Act does not prohibit County Agency from employing Supervisor’s son even though they live in the same house.
• Supervisor employed by County Agency is not a county officer and therefore is not subject to provisions of W. Va. Code § 61-10-15.
• General rule:  Public servant should not supervise a relative. 
• Supervisor employed by County Agency may supervise son on emergency calls and while in the field.

2012-04 Attorney for Municipal Water Board--Overruled, in part, by AO 2016-04.
• General Rule:  Ethics Act does not prohibit Chairperson of Municipal Water Board from being employed by Board after resigning as Chairperson. 
• Job description so narrowly tailored that only Board’s Chairperson qualifies fails to satisfy requirements of nepotism guidelines.
• When a public body knows in advance that one of its preferred candidates is a relative, close friend, or fellow member of the public body, public body must follow the Commission’s nepotism guidelines.

2012-07 Mayor
• may not use public resources for the benefit of his private business;
• may not use subordinate staff to perform work associated with his private business while the subordinates are on the government time clock;
• may not solicit private business from subordinates;
• may not distribute promotional materials concerning his private business from his office and/or in City/Town Hall;
• may not have an interest in a public contract, with certain exceptions;
• must recuse himself when a current customer appears before Council; and
• must recuse himself from: drafting bid specifications or requests for proposals;
• recommending selection of the vendor; and/or
approving the method or manner of payment to the vendor; and
when serving as municipal judge, must:
• if customer within past six months appears, disclose the fact thereof and recuse himself if either party requests; and
• recuse himself from cases involving customers within the past six months.

2012-17 Presiding Officer of a house of West Virginia Legislature
• May not be retained to provide legal services to an Association which is actively engaged in lobbying Legislature on behalf of its members who are public employees.
• Proposed employment contract presents an inescapable conflict, given the unique position held and power wielded by the presiding officer.
• Access to confidential information may have chilling effect on other legislators, if proposed employment contract permitted.
• Public may perceive that Association has hired him because of his unique ability to influence legislation. 
• Other Associations that do not employee a high ranking member of the Legislature may believe that they are at a disadvantage in the legislative process. 
• Opinion limited to Presiding Officers of houses of West Virginia Legislature.

2012-18 Registered Lobbyist
• Not required to register as lobbyist on behalf of client who retained her to provide advice on State procurement process and to serve as a liaison to a State Agency during client’s efforts to successfully bid on State contract.
• Statutory definition of “lobbying” excludes procurement lobbying.
• Required to register only if she communicates with State Officials or Members of the Legislature in regard to the passage or defeat of Legislation or Rules on client’s behalf.

2012-19 Member of the Legislature
• May be retained to provide consulting services to Public University during and after his term of office.
• Conflict of interest cured by his removal from potentially overlapping committees.
Must consult with Presiding Officer of his house and abide by appropriate legislative voting rule.
• May not use influence of legislative position to attempt to affect the actions of University personnel to enhance his contractual benefits; introduce, sponsor or advocate legislation to benefit the University in any way; influence either the State’s distribution of federal grant money or State funds to the University for any purpose, not just those related to his consulting contract; or influence the appropriation of public funds to benefit the University in any way.

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.

2012-48 State Licensing Board 
• May not hire candidate for executive director when candidate rents from Board Member who is also subject to the Board’s regulation. 
• Although candidate received property exemption to lease from Board Member, its terms require him and his subordinates to be removed from all matters affecting Board Member. 
• Impossible for candidate to comply with requirements of property exemption due to Board’s small staff, administrative structure, and business relationship between candidate and Board Member 

2013-02  County Board of Education
• School coach may privately employ School Principal.
• Principal may not evaluate coach who is his private employer, nor make recommendations to BOE concerning his subordinate employee/employer.
• Assistant Principal may evaluate coach so long as Superintendent or designee, who is not Principal’s subordinate, reviews evaluation.
• Prohibition against direct solicitation of business from subordinate relates to commercial transactions such as sale of goods or services, not employment. 

2013-04 County Commission
• Performing multiple job functions for same County Employer does not constitute illegal “double dipping.”
• The source of funding for multiple jobs with same County Employer does not affect determination.
• Ethics Act does not require separate time keeping for each job function. 

2013-05 County Assessor
• May not work for property owners or businesses within same county in which s/he is Assessor, due to regulatory control over all property owners and businesses within county.

2013-08 County Prosecutor
• Ethics Act does not prohibit spouse’s employment as school nurse in same county.
• County Prosecutor has voice, influence, and control over Board of Education contracts.
• Spouse of a County Prosecutor may work as school nurse in same county since position is considered a teacher for purposes of § 61-10-15.

2013-21 County Commission
• A County Commission may not employ a private attorney for civil matters (as employee, or on a contract basis) if that attorney maintains a private criminal defense practice in the same county.
• Regardless of the lack of involvement in setting the budget for the Prosecuting Attorney’s Office, an inescapable conflict is created in serving both positions simultaneously, such that both positions of attorney for county commission and private criminal defense attorney in same county, may not be held.

2013-37 Civil Service Board Member
• A Civil Service Board member may not sit on the board while he/she is employed by the Sheriff. The board member’s recusal is not appropriate. The board member may only continue sitting on the Civil Service Board if he/she resigns from employment with the Sheriff.
• Employment by a public agency constitutes a personal financial interest which prohibits a public employee from voting on matters which affect his/her employer. On the Civil Service board, this board member would be required to investigate the sheriff’s office and his/her coworkers, as well as review tests/training certifications to determine promotions, and judge propriety of disciplinary action; all of which equate to prohibited financial interests.  (Overruled by 2013-47.)

2013-34 Sheriff's Tax Deputy
• A Sheriff’s Tax Deputy may provide security services to residents and law enforcement throughout the state through a limited liability company with some exceptions.
• The Sheriff’s Tax Deputy is prohibited from charging fees for any goods or services that he or the LLC provides to any government agencies within the county which he/she serves. He/she may not use more than a de minimus amount of public resources for private purposes.
• WV Code § 6B-2-5(o) states there may be no solicitation of private business from subordinate public officials or public employees whom he/she has authority to direct, supervise or control.
• The Sheriff’s Tax Deputy must recuse himself/herself from handling delinquent taxpayer accounts for current or prospective customers of his/her private business.

2013-35 Housing Authority Inspector/Mayor
• A Housing Authority may continue to employ a part time inspector who was recently elected Mayor of a nearby town, with limitations.
• The Mayor must recuse himself/herself from any matters regarding his Housing Authority employer.
• If the Mayor also serves as Municipal Judge, additional care must be taken when citizens under his/her authority as housing inspector appear in municipal court. He/she must disclose the conflict, and if requested by either party, must recuse himself/herself. The Mayor will also be prohibited from presiding as municipal judge when he/she performed a housing inspection for a party within the last six months.

2013-41 County Employee
• A county employee may not serve on County Commission while employed full time by the County Ambulance Authority.
• W.Va. Code §61-10-15 prohibits county officials from having an interest in public contracts. The County Commission appoints all members of the County Ambulance Authority and has authority to make contributions to the ambulance authority from general funds. If elected, the county employee would have voice, influence or control over the County Ambulance Authority who has control over his/her employment, via the Authority’s Executive Director.

2013-42 County Employee
A County Geographic Information System Coordinator is not prohibited from contracting to perform similar work on behalf of municipality because he makes no regulatory or policy recommendations to either the county or municipality. Some limitations apply: Municipal work must be on his/her own time, using private resources; he/she may not use county staff for private work.

2013-48 State Agency Employees
A state agency may not allow its death investigators to provide contract services to the county as County Medical Examiners. Investigators would have a conflict of interest as they would be in the position of awarding contracts to one another. If this state agency is unable to find qualified candidates, it may seek a contract exemption from the Ethics Commission.

2013-54 State Agency Employee
Staff attorneys for a State Agency may serve as Assistant Prosecuting Attorneys. The salary for the Assistant Prosecuting Attorney was not paid by the county Prosecutor’s Office, but by the State Agency. Therefore there is no prohibited private gain and the use of acquired information does not constitute knowing and improper disclosure.

2014-04 Assistant Park Superintendent
May serve at the same park where his/her brother has a contract to operate its marina, with limitations. A third party must investigate complaints and report these to his/her supervisor. Assistant Park Superintendent should not inspect the concessions or initiate corrective action, but should either assign another employee to do so, or do so along with another non-subordinate employee.
Prohibition against interest in public contract is limited to “immediate family members” based on the inherent financial relationships between spouses who live together, as well as dependent children, grandchildren, and parents. By contrast, an adult sibling is not presumptively financially dependent on another sibling. Therefore, the contract between Assistant Park Superintendent’s brother and the state agency is not prohibited under W.Va. Code § 6B-2-5(d).

2014-19 State Regulatory Agency
May 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. 

2014-22 State Death Investigator
State death investigator may provide services to his State agency when a co-worker selects him by strict adherence to the rotation list without subjective input and favoritism by the co-worker.

2014-26 Sheriff's Tax Deputy
A Sheriff’s Tax Deputy may operate a business in the evenings and on the weekends which would provide county taxpayers the ability to pay their taxes early, a service the Sheriff’s Office does not perform.

2015-01 Legislator
Legislator may continue his employment during the Legislative session as an attorney with a company that employs registered lobbyists when the legal services he provides are unrelated to the company’s lobbying activities. 

2015-02 Legislative Attorney
Legislative attorney may register as a lobbyist after the termination of his employment with the Legislature without being subject to the one-year waiting period subsequent to the termination of public employment or service. 

2015-03 State Employees
State employee who is charged with oversight of safety and training for a statewide industry may offer private safety classes to individuals because his public duties are not regulatory, but ministerial. 

2015-15 Board of Education
W. Va. Code § 61-10-15 prohibits a County Board of Education from employing the Superintendent’s spouse as a literacy coach.     

2015-18 State Employee
A state employee may accept a $2,000 award, a plaque and travel reimbursements.” Prohibition against receiving private compensation for performing public job is inapplicable.

2016-04 City
A city may continue to employ its mayor as city administrator.  The city may not show favoritism or give special treatment in making employment or personnel decisions affecting the mayor in his capacity as city administrator.  The mayor must recuse himself from the vote and deliberation on personnel matters which directly affect him.
The Ethics Commission overrules AO 2006-05 and AO 2012-04, in part.

2017-12 A County Commissioner
Neither the Ethics Act nor W.Va. Code § 61-10-15 prohibits an employee or board member of a county parks board from being employed by a Convention and Visitor’s Bureau (“CVB”) or serving on a CVB board even if the parks board provides some in-kind support to the CVB.    A parks board member who is also employed by the CVB may not vote on the appropriations of money or the awarding of a contract to the CVB.

2018-06 Fire Chief 
A deputy fire marshal may lease and operate a private club that is subject to the City’s fire code as long as neither he nor a subordinate of his inspect or investigate matters concerning the club.

2018-10 Board of Education Member
A BOE member may continue to be employed by a staffing agency to perform work for a textbook company in other counties when that company markets textbooks and educational materials to the BOE member’s Board of Education.  The BOE member meets the exemption provided to public officials who are employees of a vendor or supplier under W. Va. Code § 61-10-15(e).

2019-16 Employee of State Agency 
A full-time state employee who regulates holders of unclaimed property, such as insurance companies, may moonlight for a private consulting firm whose clients include the same insurance companies he regulates, but on unrelated matters, provided that he does not perform his private services for these insurance companies.

2019-23 County Airport Authority member
No provision of the Ethics Act prohibits a county Airport Authority Board member from continuing his employment with a hotel merely because it uses or benefits from the public services provided by the Authority.

2020-01 State Agency 
A state agency’s technician may not provide private services to persons which currently have a “matter” on which the technician or a subordinate is working.  Persons whose management practices are being verified for payment by the technician and persons f​or whom the technician completes ranking forms used to approve program applications constitute “matters” on which the technician is working.  Providing routine services in the form of technical assistance and recommendations to individuals on how to install best land management practices do not constitute matters on which the technician is working.  

2021-18 Community and Technical College President

A county commissioner may be employed by a community and technical college because the county commission does not appoint the college’s board members or appropriate money to it. 

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EMPLOYMENT: POST-EMPLOYMENT RESTRICTIONS         back to top

2005-22 Former Public Official (g)
• General counsel to Cabinet Secretary not barred from appearing before all agencies in department 
• One-year ‘revolving door’ prohibition applies to positions held on or after July 1, 2005

2007-04 Assistant Attorney General (f ) ( g)
Must wait 1 year before representing clients before state agency where he served

2007-10 Former County Deputy Assessor  (f)
May operate consulting business relating to contesting property assessments where all property has been re-evaluated since person retired

2010-22 Retired State Employee  (g) 
• May contract with his former agency within one year of his departure from the agency.
• One year “cooling off” period prohibits elected and appointed public officials, full-time staff attorneys and accountants from appearing back before their former agencies.
• Unit Leader not an appointed public official
• An appointed public official’s position must be created by law  

2012-09 State Employee
• Not a public official subject to revolving door prohibitions
Ethics Act permits post retirement communication with former agency on general matters. Must seek advice from Commission before representing private interests regarding matters in which he was substantially involved.         

2016-02 Former Legislative Research Analyst
A 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.



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ENDORSEMENTS         back to top

2014-15 State Agency
• May sell advertising to defray the cost of wellness tools on its website to assist public employees to improve their health because it falls within the Ethics Act’s definition of usual and customary duties and the advancement of public policy goals or constituent services.
• Selling such advertising does not constitute prohibited endorsement of a vendor or product, and so the state agency must include a disclaimer with the advertisement making clear that the appearance of the advertising should not be construed as endorsement.
• Must allow equal access for advertising to all businesses or classes of businesses related to health and wellness.

2015-13 County Commissioner
Public officials may recognize businesses and individuals for contributions to economic development and charitable purposes by attending “ribbon cuttings” and through resolutions or proclamations. Providing testimonials or favorable reviews of a business’s products or services is not permissible. Official may post portrait photograph and of attendance at public events on official social media. AO does not set a limit on the number of photographs of a public official that may appear on an agency’s social media. Ethics Act does not restrict use of personal social media. Public officials may not use public resources to manage or post on their personal or campaign social media. 

2015-17 State Agency
Public educators may not appear in a software vendor’s promotional video and articles demonstrating how West Virginia teachers and students use the vendor’s products without violating the prohibition against public officials’ commercial endorsements of a product or business.

2015-21 State Agency
A State Agency may contract with a vendor to provide flat screen monitors which will broadcast public service announcements and paid advertising in its regional office lobbies if: (1) the agency selects the vendor in accordance with applicable purchasing laws; (2) the advertisements do not include political advertisements or feature persons or the names of persons who are candidates for public office; (3) the agency includes a disclaimer to ensure that the advertising does not constitute a prohibited endorsement, and (4) public service announcements from other agencies may not contain the name or likeness of a public official.  The sale of advertising under these circumstances does not constitute the prohibited solicitation of a gift.  

2016-10 County Clerk
• May authorize private organizations to use her name and public job title when recognizing her for personal donations she makes to charitable events. 
• Public officials/employees may not use public job titles if employed by a charitable organization on whose behalf they are soliciting.
• Public officials/employees may not solicit gifts for a charitable purpose if there is a direct pecuniary benefit to an immediate family member.

2017-20 Municipal Police Officers
A municipal police chief may allow police officers to participate in a "Coffee with Cops" event held by a local fast-food restaurant where the purpose of the event is to promote community relations and outreach programs.  Attending the event is not an improper endorsement of the restaurant because a reasonable citizen would not find that the officers were promoting the restaurant. 

2017-24 Director of a State Agency 
Ethics Act does not prohibit the state agency from including a link on its website to its cyber liability insurance producer for the benefit of non-state entities.  The agency must, however, allow equal access on its website to all producers for cyber liability insurance and include a disclaimer explicitly stating it is not endorsing the producer, any insurance carrier or its services or products.  

2021-05​ County Commission

​The Ethics Commission held that a County may have paid advertisements on its tourism websit​e.  The sale of the advertisement must be made in a fair and even-handed manner.  The County should consider including a disclaimer on the tourism website stating that the advertisements should not be construed as an endorsement by the County of any business.  ​The County may give local hotels free advertising on the same website because ​they are responsible for collecting and remitting the hotel occupancy tax and these taxes will be used to pay for the website.​

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FINANCIAL DISCLOSURE STATEMENTS         back to top

2008-01 Candidate for Public Office 
• Must disclose veteran’s disability benefits exceeding $1000 annually 
• May describe as “federal benefits” or “veterans benefits” on form

2014-13 Division Director of a State Agency
• Must comply with the requirements of W.Va. Code § 6B-2-6, as his current job title is among those specifically listed as a title which is mandated to file a Financial Disclosure Statement.
• The statutory requirement is clear and concise, not open to interpretation, and the Ethics Commission does not have the authority to excuse the application of this statute.

2017-03 State Agency
The State Agency's directors and deputy directors are required to file Financial Disclosure Statements.

2017-06 Manager of a Legislative Office
The Manager and employees of a Legislative Office are not required to file Financial Disclosure Statements pursuant to W.Va. Code § 6B-2-6(a)(3) because that provision describe positions only in the executive branch of state government. AO overrules 90-36

2019-05 A State University Employee
An employee of a state university is not required by the Ethics Act to file a Financial Disclosure Statement. 


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GIFTS - ACCEPTANCE and SOLICITATION             back to top

2005-02 County Board of Health
May solicit donations for public health programs
Establishes guidelines for non-coercive solicitation

2005-15 County Commissioner
Proceeds from calendar sales featuring county officers may only be used for charitable purposes

2006-07 State Employee
Hotel stay “door prize” won at conference hosted by State vendor may not be accepted

2007-01 Association of Hunter Education Instructors
May solicit donations to support hunter safety education program and program for hunters with disabilities
Law enforcement personnel may not solicit for charity while on duty and in uniform [NOTE: Overrules AO 2004-07]
Prohibits issuance of window decals or bumper stickers to donors

2008-06 City Manager
 May not accept free golf from vendor, consultant or other interested person in conjunction with annual association conference of public employees
 Gift limitation applies even if funds from event go to charitable cause
 Authorizes "buy down" which reduces gift to $25 limit

2009-09 State Employee
It would violate the Ethics Act for certain State Agency employees to accept a lower lodging rate from a resort which the State Agency regulates.

2010-01 Elected member of the Board of Public Works
May solicit donations to underwrite the costs of a national conference and use the funds for meals and breaks, and certain social events, excluding golf.
May acknowledge sponsors, but may not attribute an event to a single sponsor; may not indicate amount any sponsor donates.
Use of funds Legislature appropriated to pay for attendees' meals does not constitute use of office for private gain.
Opinion limited to Elected Members of the Legislature of Elected Members of the Board of Public Works who are soliciting for national or regional conferences in accordance with W. Va. Code §§ 6B-2-5(c)(6) and 6B-2-5(c)(7).

2010-02  Attorney for City
City may participate in a vendor's program to provide discount to city employees for personal cell phone use.

2010-05 Public Employees / Higher Ed
Agency's decision to allocate more than $25 to recognize one or more employees, in lieu of expending up to $25 per employee per fiscal year, does not violate the Ethics Act so long as the expenditure on any one employee does not exceed $100, and the total amount expended for this purpose during the fiscal year does not exceed the sum total of $25 per employee. 

2010-11  State Legislator
May not accept two free airline tickets won in a random drawing at a public reception hosted by a State Agency for which the Legislature provides funds.
Prohibition against use of office for private gain applies to expenditures by public entities.

2010-19 - Elected Public Official
May not use public funds to purchase funeral flowers or other expressions of sympathy, including monetary donations.
May not solicit subordinate employees for a contribution towards the purchase of flowers or payment into an established office fund.
May take up a voluntary donation among co-workers, under certain conditions.

2010-23 County Board of Education
May not use public resources, including personnel, to promote the passage of an excess levy wherein school personnel are the primary beneficiaries.
County Superintendent, as the appointed voice of the County BOE, may advocate for passage of any excess levy.
County Superintendent’s advocacy for passage of an excess levy constitutes the performance of usual and customary duties associated with the position permitted by the Ethics Act

2011-11 State Agency

May accept funds for its Recreation Department, pursuant to its enabling legislation.
May solicit funds for its Recreation Department, under certain conditions: solicitation must benefit residents, not public servants; may not endorse a donor business; must comply with Legislative Rule if soliciting vendors; may not solicit a subordinate or Agency client; and may not use Agency clients to solicit.

2011-13  State Agency

Public funds may not be spent to pay for health club or gym fees for public servants when the hotel does not provide free exercise facilities to lodgers.
Public servants who receive an expense-paid trip to participate in a conference may not accept payment or reimbursement for health club or gym fees, when the hotel does not provide free exercise facilities to lodgers, and the total value of the fees exceeds $25. 
Public servants who participate in a conference or event as a panelist or speaker may not accept payment or reimbursement for health club or gym fees when the hotel does not provide free exercise facilities to lodgers.

2012-06 Elected Member of the Board of Public Works  
 •Public official may not endorse business or product of the sponsor of an international government forum that is paying travel expenses related to forum.
• Must notify forum participants that the West Virginia Ethics Act prohibits him from endorsing a particular product and that presentation relating to fraud control should not be construed as endorsement of the sponsor’s business or product.
• Appearance at international government forum paid for by business which has financial relationship with State provides benefit to West Virginia by allowing State to be recognized for achievements in fraud control and allowing first-hand observation of Australian state governments’ approach to financial management and procurement. 
• Must decline invitation to participate in proposed meetings with senior level government officials because these meetings do not provide an overriding benefit to the State of West Virginia.

2012-08 Municipal Police Department
 •Ethics Act prohibits the solicitation of donations to purchase a police canine and gun racks for police cars.
• Ethics Act permits Department to accept the unsolicited contribution of funds to purchase a police canine and gun racks for police cars.

• The municipal Police Department maThe municipal Police Department may seek or accept funds from a private foundation established by a local businessperson for the sole purpose of supporting the Police Department.
• The police did not solicit, rather, a private foundation permissibly solicited police to apply for an award of funds. There is no prohibition against a police department accepting an unsolicited gift, if it is for public benefit or furtherance of operation of the office. The applicable rules for grants must be followed, and funds can only be expended for authorized purposes.

2014-01 County Economic Development Authority
• May solicit and spend funds to underwrite its “County Day at the Legislature”, including expenditures for lunch, transportation, and costs associated with a reception; including rental fees, and for advertising, printing, and office supplies, because its enabling legislation authorizes such solicitation.
• The Ethics Act generally prohibits a public official or employee from soliciting donations unless the solicitation is for a charitable purpose with no resulting direct pecuniary benefit conferred upon the official or employee, or their immediate family, W.Va. Code § 6B-2-5(c). Soliciting to subordinate public employees is strictly prohibited.
• After funds are solicited and received, they become public funds. These funds may only be expended for an authorized purpose, may not be spent for private gain, and must be spent using fiscal responsibility.

2014-03 County Hospital
Does not violate the Ethics Act by soliciting donations of cash or products from community businesses, individuals, and other organizations for hospital project to further its mission to protect the health and safety of the public citizens. Donations received become public funds which can only be spent for an authorized purpose.
Funding for a County Hospital project which supports its mission to enable physicians to offer their best medical care to patients who are unable to pay for medical services is indeed a charitable purpose for which public servants may be permitted to solicit funds. Soliciting to subordinate public employees is strictly prohibited.

2014-07 Municipality, members of governing body
• May not solicit constituents for donations of cash to purchase food for bereaved citizens. This solicitation does not rise to the level of significant public benefit sufficient to overcome the prohibition against it.
• W.Va. Code § 6b-2-5(c) states that a public official or employee may not solicit any gift unless the solicitation is for a charitable purpose with no resulting direct pecuniary benefit conferred upon the official, employee, or their immediate family. Municipalities do not fall under the exception for those entities authorized to solicit in their enabling legislation. (See W.Va. Code § 8-12-1)

2014-16 City Hospital
May permit employees to raise funds for coworkers experiencing financial hardship as this activity serves a charitable purpose, with limitations. These charitable funds may not be deposited into the City Hospital’s account. Fundraising activities based on an exchange of value are not gift solicitations and are permissible. City Hospital may permit employees to sell commercial products with limitations. Employees may also sell items for fundraising with limitations. In both instances, there may be no coercion, no solicitation of subordinates, no more than de minimis time and resources used for these activities, and announcements must be posted in areas accessible only to employees, not the general public.

2014-21 State Official
It is permissible for the Requester’s office to award a $100 prize through the use of a drawing of persons who have reported phishing e-mails. The drawing must be random and the Requester’s office must ensure that the drawing is conducted fairly. No employee at the Requester’s office may be eligible to receive the prize. The Requester’s office also must comply with all other relevant state laws, regulations and statutes which may apply.

2015-18 State Employee
A state employee may accept a $2,000 award, a plaque and travel reimbursements.” Prohibition against receiving private compensation for performing public job is inapplicable.

2015-21 State Agency
A State Agency may contract with a vendor to provide flat screen monitors which will broadcast public service announcements and paid advertising in its regional office lobbies if: (1) the agency selects the vendor in accordance with applicable purchasing laws; (2) the advertisements do not include political advertisements or feature persons or the names of persons who are candidates for public office; (3) the agency includes a disclaimer to ensure that the advertising does not constitute a prohibited endorsement, and (4) public service announcements from other agencies may not contain the name or likeness of a public official.  The sale of advertising under these circumstances does not constitute the prohibited solicitation of a gift.

2015-22 Cabinet Secretary
• May use staff to handle business and social aspects of a conference his agency is hosting as conference provides an overriding public benefit. 
• May not solicit donations to fund the conference because it does not constitute a “charitable purpose” under the Ethics Act.

2016-16 State Agency
A State Agency may produce and sell calendars because the calendars fall within the usual and customary duties of the State Agency to provide information and education to the public.  The State Agency may donate a de minimis amount of proceeds from the calendars to a memorial fund that aids in providing plaques and maintenance to the West Virginia Fallen Firefighter Memorial.  The agency may solicit donations on behalf of the memorial fund because providing plaques and maintenance to the West Virginia Fallen Firefighter Memorial constitutes a charitable purpose.  The agency may not solicit donations to underwrite its duty to provide public education and information.  This Opinion is based upon the specific facts of this request and may not be relied upon in other situations.

2017-07 Manager of a Legislative Office
Microsoft’s Home Use Program “HUP” is not a prohibited gift or private gain to employees due to the following circumstances: HUP is offered to all eligible employees; HUP is not offered to impair the impartiality of employees with the authority to determine whether to do business with Microsoft; HUP is made available to a large group of customers, and HUP adds no additional cost to the public agency.

2018-01 A County Commission
 The sale of sponsorships for park benches is not a gift solicitation but a fund-raising activity based upon an exchange of value either commercial or personal.  Potential sponsors may not be coerced into buying a sponsorship and may not receive unlawful or political favoritism in return for purchasing a sponsorship.

2019-01 State Agency  
A State Agency may solicit funds for the charitable purpose of fostering women’s health and wellness. The Agency may use solicited funds for operating expenses because the programs it administers in support of its mission are statutorily authorized and intended to help the poor and disadvantaged.  The Agency may not have a public official or employee solicit funds for his or her own salary as this action would result in a direct pecuniary benefit to a public official or public employee.

2019-11 Town
The Ethics Act’s solicitation provision, at W. Va. Code § 6B-2-5(c), does not prohibit a Town from soliciting another public agency (the neighboring County’s Sheriff’s Department) for retired police cruisers.

2019-19 County Commission
May not accept a donation of materials and labor from a local business to tint windows of its judicial annex if the donation was solicited by a county deputy.  Tinting windows of the judicial annex does not constitute a charitable purpose under the Ethics Act.

2019-26 A State Agency
A state agency may fund raise and solicit donations to assist potential foster families in meeting requirements for their homes to become approved foster homes and to fund rewards and incentives to students who display positive behaviors because fundraising is not prohibited by the Ethics Act and the solicited donations would be used for charitable purposes.

2020-10 City Manager
A city police officer may not accept an all-expense paid trip to an annual sales meeting of a private company when that company is doing business with the officer’s department. 

2020-11 Town Clerk
Town officials and employees may solicit donations from individuals and businesses for the charitable purpose of constructing a veterans memorial.

2021-02 Mayor
May appear in a video using his name and public title to promote and solicit donations for a local nonprofit drug and alcohol recovery center as it provides a charitable purpose. 

2021-03 Lobbyist
The $25 gift limit does not apply to charitable contributions made by an organization to a nonprofit to recognize a legislator.  The organization’s lobbyist must report the expenditure. 

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HIGHER EDUCATION               back to top

2010-05 Public Employees / Higher Ed
Agency's decision to allocate more than $25 to recognize one or more employees, in lieu of expending up to $25 per employee per fiscal year, does not violate the Ethics Act so long as the expenditure on any one employee does not exceed $100, and the total amount expended for this purpose during the fiscal year does not exceed the sum total of $25 per employee. 

2011-05 University President
• May spend public funds to pay membership dues for the President, but not the President’s spouse, to join the local Rotary club.
• Public funds may only be spent for President’s membership dues (and one-time new member fee), not on meals or any other cost or fee associated with Rotary membership, such as contributions to a related philanthropic organization. 
Ethics Act does not prohibit the University Foundation—a separate, non-government entity—from paying for the spouse’s membership in Rotary and/or for paying for meals associated with Rotary meetings or functions for the President and/or the President’s spouse.
• Higher Education exemption available only when the activity has been approved as part of the employment contract.

2012-20 Public University  
• May use public funds to purchase prizes or incentives, including gift cards, for wellness related competitions or promotions when prize recipients include University employees.
• $25.00 gift limit not applicable because wellness program administrators are not interested parties to recipients.
• May use reasonable amount of public funds for wellness-related incentives so long as there is a rational basis for such expenditure.

2013-31 Elected Member of Board of Public Works
• An elected Member of the Board of Public Works is permitted to allow a private foundation to participate in the State purchase card program, and also to receive rebates from the financial institution.
• The financial benefit to the private foundation would result in an overriding public benefit. The purpose of the private foundation is to support a public institute of higher education. West Virginians are students at the public university. Both the State and the students are beneficiaries of a donation made to a private foundation formed to aid the public university.

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LOBBYING                back to top

2005-08 Registered Lobbyist
2005 amendments to Act require multiple employees of lobbying firm to pay additional $100 filing fee for each client they represent

2005-21 Private Company
Employees whose regular duties involve sales may participate in a “Day at the Capitol” without registering as lobbyists

2007-12 Non-Profit Corporation
• Inviting all Legislators to a charitable fund raising event during regular Legislative session triggers lobbyist registration requirement
• Host organization may provide free tickets to Legislators for reception where food and beverages are served even if ticket price exceeds $25
• Businesses who contribute to event not required to report contributions

2008-06 City Manager
May not accept free golf from vendor, consultant or other interested person in conjunction with annual association conference of public employees
Gift limitation applies even if funds from event go to charitable cause
Authorizes "buy down" which reduces gift to $25 limit

2010-07 Registered Lobbyist
Must register as lobbyist for entity even if she lobbies for free since she is already a registered lobbyist for another entity, therefore she must identify both her paying and non-paying clients.

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 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.

2012-17 Presiding Officer of a house of West Virginia Legislature
• May not be retained to provide legal services to an Association which is actively engaged in lobbying Legislature on behalf of its members who are public employees.
• Proposed employment contract presents an inescapable conflict, given the unique position held and power wielded by the presiding officer.
• Access to confidential information may have chilling effect on other legislators, if proposed employment contract permitted.
• Public may perceive that Association has hired him because of his unique ability to influence legislation. 
• Other Associations that do not employee a high ranking member of the Legislature may believe that they are at a disadvantage in the legislative process. 
Opinion limited to Presiding Officers of houses of West Virginia Legislature.

2012-18 Registered Lobbyist
• Not required to register as lobbyist on behalf of client who retained her to provide advice on State procurement process and to serve as a liaison to a State Agency during client’s efforts to successfully bid on State contract.
• Statutory definition of “lobbying” excludes procurement lobbying.
Required to register only if she communicates with State Officials or Members of the Legislature in regard to the passage or defeat of Legislation or Rules on client’s behalf 

2012-25  State Employee 
•May represent clients before his former agency upon his departure from government without waiting one year.
•One-year limitation does not apply because position not created by law, oath of office not taken and employee is not a full-time staff attorney or accountant.
•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.

2013-11 State Legislator
• State Legislator may not sponsor legislation relating to issue upon which he advised a client of his private law practice prior to his election to Legislature when bill uniquely affects his client, rather than class of five or more.
• Presiding Officer determines whether to excuse Legislator from voting.

2013-39 Former State Employee
• 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.
• 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.

2015-02 Legislative Attorney
Legislative attorney may register as a lobbyist after the termination of his employment with the Legislature without being subject to the one-year waiting period subsequent to the termination of public employment or service. 

2016-02 Former Legislative Research Analyst
A 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.

2021-03 Lobbyist
The $25 gift limit does not apply to charitable contributions made by an organization to a nonprofit to recognize a legislator. The organization's lobbyist must report the expenditure.

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NAME/LIKENESS USE      back to top


2015-11 Public Officials
Public officials’ official websites may include an official’s photograph on home page or biographical pages or sections, but multiple photos should not be used. If official played a role in selecting, editing or approving content of educational materials which were printed with private funds, and disseminated materials to public, multiple photographs of officials should not be used. Items classified as trinkets under W. Va. Code § 6B-2-5c, and banners and table skirts containing an official’s name and photo, may not be used even if they were purchased before effective date of statute. 

2015-13 County Commissioner
Public officials may recognize businesses and individuals for contributions to economic development and charitable purposes by attending “ribbon cuttings” and through resolutions or proclamations. Providing testimonials or favorable reviews of a business’s products or services is not permissible. Official may post portrait photograph and of attendance at public events on official social media. AO does not set a limit on the number of photographs of a public official that may appear on an agency’s social media. Ethics Act does not restrict use of personal social media. Public officials may not use public resources to manage or post on their personal or campaign social media. 

2015-19  Public Official
Prohibition against public officials using names/likenesses for purposes of advertising does not prohibit use of name on official letterhead, envelopes and business cards that are used in the performance of usual duties. Officials may not use public funds or public resources to offer or distribute trinkets or items paid for with private funds.

2015-20 County Assessor 
Letterhead, envelopes, business cards, Personal Property Form, door hangers, form letter and website do not have primary intent or effect of promoting a public official and are therefore not prohibited “advertising.” 

2015-23 Elected State Official
May host telephonic town hall meetings, but the official’s name may not be used in the recorded message played in conjunction with the meeting.  The official may not conduct telephonic town hall meetings in the 60 days immediately before a primary, special or general election.  These limitations do not apply to telephonic town hall meetings conducted with campaign funds. 

2016-10 County Clerk
• May authorize private organizations to use her name and public job title when recognizing her for personal donations she makes to charitable events.
• Public officials/employees may not use public job titles if employed by a charitable organization on whose behalf they are soliciting.
• Public officials/employees may not solicit gifts for a charitable purpose if there is a direct pecuniary benefit to an immediate family


2016-11 State Legislator
May purchase business cards with private funds that replicate his State-issued business card on one side and display his campaign information on the other provided that both sides of the business cards state that they are paid for by the Legislator.  
The Opinion cautions that the Ethics Act prohibits any use of state resources, including the Legislator’s state telephone and email address, in furtherance of his personal re-election campaign.  

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NEPOTISM      back to top

2007-07 Mayor
Appointment of Mayor’s son as City Attorney would create “inescapable” conflict of interest

2012-03 County Agency
• Ethics Act does not prohibit County Agency from employing Supervisor’s son, even though they live in the same house, so long as the Supervisor is completely removed from the hiring process.
• Ethics Act does not prohibit County Agency from employing Supervisor’s son even though they live in the same house.
• Supervisor employed by County Agency is not a county officer and therefore is not subject to provisions of W. Va. Code § 61-10-15.
• General rule:  Public servant should not supervise a relative. 
• Supervisor employed by County Agency may supervise son on emergency calls and while in the field.

2012-24 Mayor
• May reside with father who is employed by City.
• May not exercise supervisory control over his father/city employee.
• May not conduct his father’s evaluations, set his schedule, authorize overtime, or approve father’s direct supervisor’s recommendations which directly affect the terms and conditions of his father’s employment.
• Must recuse himself from personnel matters which uniquely affect his father as opposed to matters affecting his father as a class of five or more similarly situated employees.
• May participate in collective bargaining agreement negotiations with union of City employees of which father is a member.
• Must recuse himself from the negotiation of any provision in collective bargaining agreement which uniquely affects his father, but may vote on the collective bargaining agreement in its entirety.

2013-01   Mayor
• City may employ mayor’s daughter, subject to limitations.
• Governing body must advertise all positions in which member of body knows in advance that family member is interested therein.
• Affected member must recuse him/herself from all decisions regarding candidates, including: deciding whether position needs to be filled; writing job description or establishing job requirements; reviewing applications or resumes; interviewing applicants; ranking applicants; and participating in decision-making process.
• If relative is hired, affected member must be completely recused from all personnel matters related to that relative, including without limitation: salary, raises, promotion, discipline, termination or lay-offs, unless that relative is member of class of five or more.
• For recusal to be proper, official shall disclose her/his conflict of interest and leave room during discussion, deliberation and vote thereon. Meeting minutes shall reflect official’s recusal.
• May not: 
       • informally attempt to influence official action on behalf of relative; 
       •“lobby” fellow members of governing body to take favorable action on relative’s behalf; or 
         attempt to influence relative’s supervisor to take favorable action.
      •  May not supervise any relative or relative’s supervisor.

2019-03 County School Superintendent
Teachers may not prearrange relatives to substitute teach in their absence or place their relatives on a preferred list of substitutes when there are others with the authority to make these decisions.  

2020-13 Principal
A school principal's spouse, sister and brother-in-law may be employed at the same school where he serves as the principal, but he may not be involved in hiring or supervising them.

2021-04 Prosecutor
A Prosecutor may not continue to employ her boyfriend because he received an unfair advantage in the hiring process as the Prosecutor did not advertise the position.

  
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PERSONS COVERED BY THE ACT             back to top

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. 

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PRIVATE GAIN  back to top

2005-10 State Division Director
Division Director in agency which regulates motor vehicle dealers may not appear in commercials advertising automobile dealer even though his division does not regulate dealers

2005-16 County Health Department Employee
May reference professional certification which employer paid for in advertising for private consulting business

2006-13 County Commissioner
Use of county resources to provide shuttle services for a private picnic is not permitted

2006-14 State Board Members 
May not conduct training programs for third-parties regulated by their Board without a written waiver from the Ethics Commission 
Exec Dir may grant temporary waiver which must be ratified by Commission
Distinguished by Advisory Opinion 2019-17.

2006-17 County School Teacher
Teacher who directs Show Choir may not sell music compositions to be performed by choir he directs

2008-05 County Parks & Recreation Commission
May authorize employees to play golf for free under certain conditions

2008-07 Town Council
May authorize employees to use town swimming pool for free as fringe benefit of employment

2008-09 Public University (Overrules A.O. 2001-21 to the extent it prohibited a University from offering faculty discounts at its bookstore)
May give discount to faculty and staff on bookstore purchases

2009-02 Elected County Officials
County Funded Employee Wellness Program may not be extended to elected county officials whose compensation is set by statute.
To increase compensation (through the extension of benefits) beyond statutory maximum constitutes use of office for private gain.

2009-03 County Employees
May be reimbursed for government calls placed on personal cell phone 

2009-07  County Commissioner
• County Commissioner, a private attorney, may prepare wills, but must fully recuse himself from County Commission's probate thereof;
• County Commissioner may not appear in a representative capacity in any probate proceeding before the County Commission, even if uncontested;
• County Commissioner may testify as witness to will's validity before County Commission but must recuse himself from decision-making on any such will.

2009-08  Board of Directors of State Agency--overruled, in part, by Advisory Opinion 2017-22
• Board members associated with entities which may have financial interest in Agency's contracts may not serve on subcommittee which reviews and recommends funding proposals.
• Board members associated with entities which may have financial interest in Agency's contracts may continue to serve on Board, but must recuse themselves from discussion, deliberation and decision-making on matters related to those entities with which they are associated.

2009-09 State Employee
It would violate the Ethics Act for certain State Agency employees to accept a lower lodging rate from a resort which the State Agency regulates.

2009-10  State Employee
A State employee whose employer has accreditation oversight of institutions of higher education may be compensated for teaching a course at a public university so long as he
• Notifies his supervisor;
• Has his work relating to the accreditation of the public university as part of his doctoral program reviewed by his supervisor and his employing Agency's Review Board;
• Prepares for and teaches the course on his own time;
• Does not use any public resources

2010-01 Elected member of the Board of Public Works
• May solicit donations to underwrite the costs of a national conference and use the funds for meals and breaks, and certain social events, excluding golf.
• May acknowledge sponsors, but may not attribute an event to a single sponsor; may not indicate amount any sponsor donates.
• Use of funds Legislature appropriated to pay for attendees' meals does not constitute use of office for private gain.
• Opinion limited to Elected Members of the Legislature or Elected Members of the Board of Public Works who are soliciting for national or regional conferences in accordance with W. Va. Code §§ 6B-2-5(c)(6) and 6B-2-5(c)(7).

2010-02 Attorney for City
City may participate in a vendor's program to provide discount to city employees for personal cell phone use.

2010-03 County Board of Education Candidate
• Spouse of county BOE member may be employed as Chief mechanic, a service position that meets exception in § 61-10-15.
• May not use position to obtain, increase or promote the interests of spouse as a BOE employee.

2010-04 County Board of Education member
Board may contract with a private non-profit when one of the Board of Education members sits on the Board of the non-profit as long as the common Board member does not vote on any matters relating to the non-profit and recuses himself from the decision-making process and vote.  (Overruled by A.O. 2011-12, which recognized that an uncompensated board member of a non-profit does not have a financial interest which would prohibit him or her from voting on appropriations to the non-profit.  However, W. Va. Code § 6B-2-5(j)(D) (effective July 7, 2017) requires a public official who sits on a non-profit board of directors to disclose the public official’s, or his or her immediate family member’s, relationship to the nonprofit (i) on the agenda item relating to the appropriation or award contract, if known at time of agenda, (ii) by the public official at the meeting prior to the vote, and (iii) in the minutes of the meeting.)

2010-05  Public Employees / Higher Ed
Agency's decision to allocate more than $25 to recognize one or more employees, in lieu of expending up to $25 per employee per fiscal year, does not violate the Ethics Act so long as the expenditure on any one employee does not exceed $100, and the total amount expended for this purpose during the fiscal year does not exceed the sum total of $25 per employee. 
 
2010-08  City Elected Officials
Public official may not vote to extend his or her own current term beyond that statutorily or constitutionally prescribed; to do so would be use of office for private gain.

2010-10  Board of Directors of a County Authority
Ethics Act does not prohibit part-time appointed officials from bidding at auction on items sold by Board on which they serve, so long as they recuse themselves from all related matters; but § 61-10-15 prohibits part-time appointed officials from bidding at auction on items sold by Board on which they serve.

2010-11  State Legislator
May not accept two free airline tickets won in a random drawing at a public reception hosted by a State Agency for which the Legislature provides funds.
Prohibition against use of office for private gain applies to expenditures by public entities.

2010-13  County Board of Education Member
• Spouse of County BOE member may be employed as auditor in Central Office, a service position that meets exception in § 61-10-15.
• May not use position to obtain, increase or promote the interests of spouse as a BOE employee.
• May not vote on matters specific to his wife including raise, renewal of employment contract, or discipline.
• May vote on overall budget, but must recuse himself if line item affects wife or all four auditors if BOE specifically addresses any such line item .

2010-14  County Board of Education Member
• County BOE may not contract with Member’s fast food restaurant to provide food for special events
• County schools and/or school sports teams may not contract with County BOE Member’s fast food restaurant to provide food for school sports teams using school funds
• County BOE Member’s fast food restaurant may not sponsor fundraisers on behalf of school teams
• County BOE Member’s fast food restaurant may, under certain conditions, sponsor fundraisers on behalf of booster organizations
• County BOE Member’s fast food restaurant may, under certain conditions, sell food to credit union even though BOE provides office space to credit union

2010-15    County Board of Education Member
• County BOE Member may not be paid to officiate as a sports official in his own county
• County BOE Member may volunteer as a referee and receive $1 to obtain insurance coverage

2010-16  County Board of Education Member
• County BOE Member may contract with State Department of Education for online teaching even though some teachers from her county may participate.
• Subject contract is with State, not County BOE, and thus Member lacks control over contract
• County BOE Member lacks control over County BOE’s reimbursement of county teachers’ expenses incurred in taking Member’s online course .

2010-18 City Council
• May use public funds to purchase Sam's Club cards for the City's use.
• May not use public funds to purchase Sam's Club cards for the personal use of its employees or their family members.
• City officials and employees may not use the City's card to gain admission to the Sam's club and/or to make personal purchases.

2010-19 - Elected Public Official
• May not use public funds to purchase funeral flowers or other expressions of sympathy, including monetary donations.  
• May not solicit subordinate employees for a contribution towards the purchase of flowers or payment into an established office fund.
• May take up a voluntary donation among co-workers, under certain conditions.

2011-01 County Council Member
• County Council Member’s business may appraise estates so long she recuses herself from any matters coming before the County Council involving the probate of any estate her business has appraised.  County Council Member’s business may not appraise any estates over which the Sheriff has been appointed by the County Council as the administrator. County Council Member’s business should be removed from the Fiduciary Supervisor’s list of available appraisers.
• County Council Member may not appear, as a representative or witness, before the Council either about the appraised value or the amount of her compensation.
• County Council Member may not accept protected persons from the Sheriff for placement in her nursing home, absent a contract exemption for the Sheriff. 

2011-05 University President
• May spend public funds to pay membership dues for the President, but not the President’s spouse, to join the local Rotary club.
....Public funds may only be spent for President’s membership dues (and one-time new member fee), not on meals or any other cost or fee associated with Rotary membership, such as contributions to a related philanthropic organization. 
....Ethics Act does not prohibit the University Foundation—a separate, non-government entity—from paying for the spouse’s membership in Rotary and/or for paying for meals associated with Rotary meetings or functions for the President and/or the President’s spouse.
.....Higher Education exemption available only when the activity has been approved as part of the employment contract.

2011-08 Part-Time Prosecuting Attorney (Overrules AOs 89-15, 89-27 and 91-61)
• Part-Time Prosecuting Attorneys may continue to use office space in their respective county courthouses for their private law practices without reimbursing the County for the pro-rata rental value thereof.
• Part-Time Prosecuting Attorneys may continue to use public resources, including office equipment and staff in their respective county courthouses for their private law practices, but must reimburse the County for the pro-rata rental value thereof, or make direct payment for such equipment and/or services.
• Assistant Prosecuting Attorneys may not use courthouse office space, equipment, supplies or staff for their private law practices.

2011-09 County Hospital  (Modifies AO 95-09)
• County Hospital may accept unsolicited offer of equipment and related services from appointed board member.
• County Hospital may accept unsolicited offer of real property from appointed board member as long as there are no financial conditions associated with the property transfer; and the body notifies the public of the member’s offer and allows other property owners to offer their property.
• County Hospital may accept unsolicited offer of real property from appointed board member even if there are unresolved issues requiring mitigation (e.g. environmental hazards, or outstanding liens), but only if an independent evaluation determines that the overriding benefit is to the governing body rather than the donor and it receives permission from the Ethics Commission.
• Modifies AO 95-09 by clarifying that the donation (as opposed to the leasing) of property does not constitute a public contract.

2011-10 County Board of Education 
• Spouse of county BOE Superintendent may not be employed as Director of Student Services, a prohibited administrative position under W. Va. Code § 61-10-15.
• Spouse of county BOE Superintendent may be employed as School Psychologist, a position that meets the exception in W. Va. Code § 61-10-15.
• Spouse of county BOE Superintendent may be continue to be physically located in the central office without violating W. Va. Code § 61-10-15.  The nature of the work performed, not location, is outcome determinative.
• Superintendent may not use position to obtain, increase or promote the interests of spouse as a BOE employee.

2011-11 State Agency
• May accept funds for its Recreation Department, pursuant to its enabling legislation.
• May solicit funds for its Recreation Department, under certain conditions:  solicitation must benefit residents, not public servants; may not endorse a donor business; must comply with Legislative Rule if soliciting vendors; may not solicit a subordinate or Agency client; and may not use Agency clients to solicit.

2011-12 Town Attorney
Town’s elected officials may vote to appropriate funds to a non-profit organization on which they and/or their family members serve as uncompensated board members and/or officers. (However, W. Va. Code § 6B-2-5(j)(D) (effective July 7, 2017) requires a public official who sits on a non-profit board to disclose the public official’s, or his or her immediate family member’s, relationship to the nonprofit (i) on the agenda item relating to the appropriation or award contract, if known at time of agenda, (ii) by the public official at the meeting prior to the vote, and (iii) in the minutes of the meeting.)

2011-13 State Agency
• Public funds may not be spent to pay for health club or gym fees for public servants when the hotel does not provide free exercise facilities to lodgers.
• Public servants who receive an expense-paid trip to participate in a conference may not accept payment or reimbursement for health club or gym fees, when the hotel does not provide free exercise facilities to lodgers, and the total value of the fees exceeds $25. 
• Public servants who participate in a conference or event as a panelist or speaker may not accept payment or reimbursement for health club or gym fees when the hotel does not provide free exercise facilities to lodgers.

2011-14  Candidate for County Assessor
• May not continue career as owner and broker of real estate business within county where he will serve, if elected.
• May continue career as owner and broker of real estate business in other counties so long as he does not: use his official position in any way that would give him an advantage; conduct his business on county time; or use county resources (including staff) to conduct his private real estate business.

2011-17 - State Licensing Board
• Executive Directors and Members of the Board may be members of professional associations consisting of licensees which the Boards regulate.
• Members may be officers of professional associations consisting of licensees which the Boards regulate, with limitations.
• Executive Director may not be an officer of or employed by a professional association consisting of licensees which the Board regulates.

2011-18 - Industry representatives on the governing council of a State Agency--overruled, in part, by Advisory Opinion 2017-22
• May not serve on the initial review panel for grant applications.
• May not serve on the committee to draft legislative rules relating to the award of grants.
• May participate as a member of council, and vote on approval of recommended grant application absent a prohibited interest necessitating recusal.
• May participate as a member of council, and vote on draft legislative rules relating to the award of grants absent a prohibited interest necessitating recusal.

2011-19 - A State Licensing Board
• May spend public funds to hire registered lobbyist, to serve as a Legislative liaison.
• Registered lobbyist retained by 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.

2011-20  An Elected County Commissioner
• May purchase tax liens at a Sheriff's sale or through the State Auditor's Office, or both, when County Commission had no direct involvement in the assessment of the property.
• May not purchase a tax lien on property for which the owner requested adjustment of assessed value or other relief from County Commission sitting as the board of equalization and review.

2011-21  A City
May adopt ordinance or change charter to compensate Mayor at flat rate of pay for extra duties not statutorily required of the mayor; provided that, the change becomes effective for the next term of office.

2011-22 State Agency employee
Ethics Act does not prohibit employee of State agency from serving on board of non-profit organization that State agency funds.

2012-01 Mayor
• Ethics Act does not prohibit city employed building inspector from serving on City Council, but he must perform his Council duties on his own time, not during his public work hours.  Ethics Act does not prohibit a building inspector/city employee from serving on City Council.
• City council member employed by city may not vote on a personnel matter which affects him directly as opposed to affecting five or more employees in the same or similar manner. 
• City employed building inspector serving on City Council must recuse himself when citizens who are affected by his official actions come before City Council to address or dispute his official actions.

2012-02 County Commissioner
• Ethics Act does not prohibit County from purchasing property from real estate business with which a County Commissioner is associated, with limitations:  Commissioner may not use his position to influence purchase of the property; specifically, he may not communicate with fellow County Commissioners, or Members or staff of the Building Commission, on matters relating to the property.  
• No prohibited financial interest where neither Commissioner nor his immediate family members have ownership interest in property County
• Commission seeks to purchase from real estate business with which he is associated.   
• No prohibited financial interest where Commissioner is not: a director or officer; the listing agent for the property; or, entitled to receive any commission from the sale of the property.
• County Commissioner associated with real estate business selling property to County meets statutory exemption so long as he recuses himself.  (See Voting)
• County Commissioner associated with real estate business selling property to County must recuse himself from all matters related thereto.

2012-03 County Agency
• Ethics Act does not prohibit County Agency from employing Supervisor’s son, even though they live in the same house, as long as the Supervisor is completely removed from the hiring process.
• Ethics Act does not prohibit County Agency from employing Supervisor’s son even though they live in the same house.
• Supervisor employed by County Agency is not a county officer and therefore is not subject to provisions of W. Va. Code § 61-10-15.
• General rule:  Public servant should not supervise a relative. 
• Supervisor employed by County Agency may supervise son on emergency calls and while in the field.

2012-04 Attorney for Municipal Water Board (Overruled in part by AO 2016-04)
• General Rule:  Ethics Act does not prohibit Chairperson of Municipal Water Board from being employed by Board after resigning as Chairperson. 
• Job description so narrowly tailored that only Board’s Chairperson qualifies fails to satisfy requirements of nepotism guidelines.
• When a public body knows in advance that one of its preferred candidates is a relative, close friend, or fellow member of the public body, public body must follow the Commission’s nepotism guidelines.

2012-06 Elected Member of the Board of Public Works  
• Public official may not endorse business or product of the sponsor of an international government forum that is paying travel expenses related to forum.
• Must notify forum participants that the West Virginia Ethics Act prohibits him from endorsing a particular product and that presentation relating to fraud control should not be construed as endorsement of the sponsor’s business or product.
• Appearance at international government forum paid for by business which has financial relationship with State provides benefit to West Virginia by allowing State to be recognized for achievements in fraud control and allowing first-hand observation of Australian state governments’ approach to financial management and procurement. 
• Must decline invitation to participate in proposed meetings with senior level government officials because these meetings do not provide an overriding benefit to the State of West Virginia.

2012-07 Mayor
• may not use public resources for the benefit of his private business;
• may not use subordinate staff to perform work associated with his private business while the subordinates are on the government time clock;
• may not solicit private business from subordinates;
• may not distribute promotional materials concerning his private business from his office and/or in City/Town Hall;
• may not have an interest in a public contract, with certain exceptions;
• must recuse himself when a current customer appears before Council; and
• must recuse himself from: drafting bid specifications or requests for proposals; recommending selection of the vendor; and/or approving the method or manner of payment to the vendor; and when serving as municipal judge, must:
     • if customer within past six months appears, disclose the fact thereof and recuse himself if either party requests; and
     • recuse himself from cases involving customers within the past six months.

2012-11  County Commissioner
• Ethics Act permits living with county employee as long as nepotism rules followed.
• W. Va. Code § 61-10-15 prohibits living with county employee even if nepotism rules followed and/or even if employee transferred to another county office.

2012-12 Local Board of Health
• Board of Health’s part-time appointed Health Officer may accept patient referrals from the Health Department so long as s/he does not make, participate in making, or in any way attempt to use his or her office or employment to influence a government decision affecting his or her financial or limited financial interest.
• Full-time health officer may not contract with own Board of Health unless Board seeks and receives advice or a contract exemption from Ethics Commission.
Local Board of Health formed by a county and a municipality not subject to strict provisions of § 61-10-15.
• County Boards of Health are subject to strict provisions of § 61-10-15; their health officers (part-time and full-time) may not contract with own Board of Health unless Board seeks and receives advice or a contract exemption from Ethics Commission.