1994-05 Community College Faculty Member
A Community College chemistry faculty member may contract with college for environmental technology services.
1994-20 City Housing Authority Member
A Housing Authority member is a part-time appointed official.
1994-22 County Board of Education/RESA Member
A BOE member/RESA member may not contract with RESA or subcontract with the BOE. May contract directly with vocational school.
1994-23 Municipal Judge
A Municipal Judge may contract with the city and citizens for real estate appraisal work.
1994-29 State Authority
A State Authority may not contract with its managers for uplink services.
1995-02 State EmployeeA State supervisor may not have a contract for psychological services with his public employer because he has control over the contract by monitoring it.
1995-23 Legislator
A Legislator may have a contract with a state agency, subject to not using office for private gain.
1995-35 City Council Member
A former City Council member may not bid for city property that he voted to abandon when he was in office.
1996-03 State Licensing Board
A State License Board may not sublet office space from a board member, unless the member subleases for the same amount as the lease.
1996-15 State Board Member
A State Board member may be employed by a company that does business with his agency due to the “part-time appointed” exception.
1996-31 County Commission
A County Commission may appoint a member’s spouse to the hospital board because the position is uncompensated.
1996-34 State Official
A State agency may lease office space from an official in his agency since the official has no authority or control over the lease.
1996-44 County Board of Education Member
A County BOE member may buy a building from an athletic booster organization.
1996-45 Prosecutor
A Prosecutor may hire his adult child if he follows the nepotism guideline, at W. Va. Code R. § 158-6-3.
1996-49 County Board of Education
A County BOE may purchase textbooks that were selected from a publisher that employs the superintendent's wife due to the pre-existing contract.
1996-51 State Board
A State board may pay attorney fees to a member’s law firm, due to the “part-time appointed” exception.
1997-09 County Commission
A County Commission may place its legal ads in the only qualified newspaper even though a commissioner is an employee and part-owner of the newspaper. The lack of choice eliminates the commissioner’s authority or control.
1997-23 County Commission/Economic Authority Member
A County Commission may issue bonds that may benefit a company for which a county commissioner/ EDA member works as the financial interest is too remote to prohibit it.
1997-27 County BOE Employee
A County BOE Director of Technology may have less than a one percent ownership in a county contract as the financial interest is de minimis.
1997-31 City Council Member
A City Council member has control over a contract by suggesting the need for the contract, having been involved in the evaluation of potential contract vendors, or having evaluated compliance with contract specifications. Council has no control over the sanitary board or VFD.
1997-35 Town
A Town may purchase the Mayor’s land due to hardship. [non-precedential]
1998-03 Town
A Town was granted an exemption to buy a truck from the city street commissioner at below retail value.
1998-06 A State BoardA State Board may contract with a member’s company under the “part-time appointed” exception.
1998-10 City Council Member
A City Council member may accept his real estate sales commission from his private employer even if the purchaser receives a forgivable loan from the City, subject to proper recusal.
1998-19 Board of Education
A Board of Education was granted an exemption to use a BOE member’s towing company in emergency situations.
1998-24 City Council Member
A City Council member may receive a loan from the City’s Housing Department absent preferential treatment.
1998-29 Town Employee
A Town employee who performs only clerical work may contract with the Town to prepare police activity reports on her own time.
1999-01 State Agency
A State Agency may contract with a labor union to perform certificate testing for crane operators even though most operators in the state are union members.
1999-02 Multi-county vocational school teacher
A Multi-county vocational school teacher may not buy a modular home built by his students due to his control over the building process.
1999-10 CityA City may not contract with the mayor's hardware store because it failed to demonstrate that substantial harm to the City would be certain to occur.
1999-17 County Solid Waste Authority Employee
A County Solid Waste Authority employee who retired may serve on the Authority board because his pension is administered by the state.
1999-18 Regional Planning and Development Council
A Regional Planning and Development Council may not retain an accounting firm in which a council member is a partner. Employment exception does not apply.
1999-22 County Ambulance Authority Board Member
A County Ambulance Authority Board member may be employed by another Authority that sells supplies to the Authority he represents.
1999-27 Mayor and Recorder
A Mayor and Recorder may accept payment for serving on the sanitary board.
1999-38 State Official
A State Official may negotiate a lease that is in a blind trust under unique circumstances.
2000-01 County Board of Education
A Board of Education may not purchase books from a business that employs a BOE member part-time. (Note: Superseded by 2002 amendment to W. Va. Code § 61-10-15 creating exception for a public official or a public employee, or a spouse, who is employed by a supplier or vendor).
2000-07 State Commission’s
A State Commission’s local planning district member is not subject to W. Va. Code § 61-10-15. May have
a contract under the Ethics Act due to the part-time appointed exception.
2000-12 Regional Airport Authority Members Regional Airport Authority Members are not subject to W. Va. Code § 61-10-15. Under the Ethics Act, a contract may be awarded to the member's employer because the member lacks ten percent ownership interest. The member may not vote on the contract. (The ten percent ownership exception is no longer in the Ethics Act.)
2000-13 County Board of Education A County Board of Education may purchase gas transported through lines owned by the Member's employer under W. Va. Code § 61-15-10 because it is the sole source of that service available to the Board. Not prohibited under the Ethics Act because the member lacks ten percent ownership interest.
The member may not vote on the contract. (The ten percent ownership exception is no longer in the Ethics Act.)
2000-14 County Board of Education
A BOE may not employ the superintendent's spouse as a part-time football coach. Exception in W. Va. Code § 61-10-15 for spouses’ employment as teachers does not include coaches.
A BOE may continue its existing contract with a BOE member to maintain a tv satellite system he installed before becoming a member, so long as there is no modification of the contract’s terms and conditions.
2000-18 County Board of Education Member
A BOE member may serve as an uncompensated coach within the county school system.
2000-23 County Board of Education Member
A County Board of Education Member may purchase electricity from the spouse's employer that was the sole source of electricity, but may not vote to pay bills from the utility company.
2000-24 County Board of Education
A County BOE may allow a vocational teacher to purchase parts and supplies for the auto shop program from a local automobile dealership where a board member is employed, so long as no funds controlled by the Board of Education are being spent.
2000-25 County Board of Education
A BOE may not contract with a non-profit hospital that employs a BOE member’s spouse under W. Va. Code § 61-10-15. The Ethics Act does not prohibit the contract.
A BOE may contract with a private college that employs a member to use its pool because it is the sole source of local indoor pools.
2000-31 County Prosecutor
A County Prosecutor may not be paid for legal work done for the County Commission under W. Va.
Code § 61-10-15. The Ethics Act does not prohibit the contract.
A City Council member may not vote on a matter that affects a client of the law firm in which her spouse is a member. Public servants have a financial interest in the financial affairs of their spouse. [This decision was based on Legislative Voting Rule, Title 158, Series 9, which has since been repealed.]
2000-36 County Economic Development Authority
A County Economic Development Authority ("EDA") may not lease or sell property to a business that employs a board member under W. Va. Code § 61-10-15. (Note: Superseded by 2002 amendment to W. Va. Code § 61-10-15 creating exception for a public official or a public employee, or a spouse, who is employed by a supplier or vendor). The Ethics Act does not prohibit contract.
A County Board of Health may sell a health delivery service to a non-profit on whose board a board of health member sits. The Board member should be recused from consideration of what organization to sell the service.
2001-03 County Board of Education
A Board of Education may contract with a hospital that employs a BOE member’s spouse to provide free training for students. (non-precedential. A 2002 amendment to 61-10-15, creating an exception for salaried employees of a vendor, may apply.)
2001-07 County Employee
A County project coordinator is not subject to W. Va. Code § 61-10-15; employee may oversee a project involving an engineering firm that employs her husband’s employer; but may not show preferential treatment to the employer.
2001-08 County Board of Education Employee
A County BOE employee may contract with the BOE to provide speech therapy to students after hours.
2001-09 County Commission
A County Commission was granted an exemption, based on undue hardship, to contract with a newspaper that was substantially owned by a commissioner for running county legal ads . [See 2002 Amendment in W. Va. Code § 61-10-15(i) adding an exception for newspaper legal advertisements.]
2001-11 Board of Education SuperintendentA BOE Superintendent is subject to W. Va. Code § 61-10-15 which would prohibit BOE contract for dairy services with the superintendent’s spouse's employer, but the Board may continue under a pre-existing contract. The Ethics Act does not prohibit a contract with a spouse's employer. (Note: Superseded by 2002 amendment to W. Va. Code § 61-10-15 creating exception for a public official or a public employee, or a spouse, who is employed by a supplier or vendor).
2001-12 Board of Education Superintendent
A Board of Education Superintendent is subject to W. Va. Code § 61-10-15 and the Ethics Act, and both would prohibit a BOE contact with the superintendent for fuel , but the contract may continue under a prior existing contract so long as there is no modification of its terms.
2001-17 County CommissionerA County Commissioner may not rent to tenants whose rent is subsidized by a housing authority program. May continue existing leases so long as there is no modification of its terms.
2001-24 County Commissioner A County Commissioner may serve on the county’s public transit authority and accept statutory compensation. (Distinguished by Advisory Opinion 2019-07, which restricted compensation that was not nominal and was set by the county commission).
2001-28 Board of Education Member
A BOE member may contract with a behavioral health center that receives BOE funding.
2001-30 Board of Education Member A BOE member may be employed by a private school that receives benefits from the BOE pursuant to federal law.
2001-33 Board of Education Member
A BOE member may serve as a volunteer judge for school speech teams and be reimbursed for her travel expenses.
2002-02 County Board of Education
A BOE may contract with a hospital that employs a BOE member to provide drug testing when there is no other alternative. Contract is permissible under the Ethics Act because employment is not prohibited. (Note: Superseded by 2002 amendment to W. Va. Code § 61-10-15 creating an exception for public officials and public employees who are employees of suppliers and vendors).
2002-03 County Commissioner
A County Commissioner may work for a non-profit hospital that may receive county funding because the hospital is not a public agency and does not have public employment contracts. (But see Advisory Opinion 2021-10 (prohibiting contract with non-profit CVB)).
2002-08 County Board of Education Member A BOE member may bid on a BOE contract after her term expires but may not use confidential information to her advantage. Revolving door and prohibited representation provisions are not applicable.
2002-09 County Board of Education
A BOE may award a contract to the hospital where a member’s spouse is employed under the Ethics Act, and pursuant to the “salaried employee” exception in W. Va. § 61-10-15(e).
2002-10 County Board of Education
A BOE may contract with the superintendent's wife's employer due to the 2002 exception for salaried employees, in W. Va. Code § 61-10-15(e). The superintendent's ministerial actions of signing checks and other non-discretionary routine logistical matters are not enough to bar the contract.
2002-11 County Solid Waste Authority candidate
A County Solid Waste Authority ("SWA") candidate may join the Authority’s Board while it continues to pay off a pre-existing debt owed to the candidate's spouse, so long as there is no modification to the terms of the payoff.
2002-15 County Board of Education
A BOE may buy building materials from a retailer who bought the materials from a BOE member’s employer because the member’s financial interest is fixed and immutable when he makes the sale to the retailer. (But, see Advisory Opinion 2017-11).
2002-17 County Board of Education
A BOE may buy school supplies from the company that employs the BOE Treasurer’s spouse as a sales representative. Contract provision of the Ethics Act does not apply to spouses, and W. Va. Code § 61-10-15 (e), the salaried employee exception, applies to spouses.
2002-19 State Board
A State Board may not lease office space from its executive director; but was granted an exemption due to financial hardship to the Board.
2002-20 State Board
A State Board may not lease office space from its executive director; but was granted an exemption due financial hardship to the Board.
2003-01 Town Council
A Town Council may not contract with its mayor to lease property for the city hall. Granted contract exemption, however, because it would have created an undue hardship on the Town to bar it from leasing the property.
2003-06 County Prosecutor
A County Prosecutor, in most situations, may not sell property to the County Commission under W. Va. Code § 61-10-15. In this non-precedential opinion, the Commission allowed the sale because there was no other option. (Note: In 2006, the Legislature gave the Commission the power to grant contract exemptions under § 61-10-15.) The Ethics Act does not prohibit this sale, subject to proper recusal.
2003-07 County Farmland Protection Board Member
A County Farmland Protection Board member may participate in a public farmland program in which the participants receive compensation from the Farmland Board to use their private land for agriculture. The member must recuse himself. Opinion limited to the particular facts of that case.
2003-08 County Commission
A County Commission, in most situations, may not buy property from a financial institution on whose board a Commissioner sits. In this non-precedential opinion, the Commission allowed the sale because of the unique nature of the property. (Note: In 2006, the Legislature gave the Commission the power to grant contract exemptions under § 61-10-15.)
2004-02 Board of Education Member
A Board of Education member may work for a private licensed child care center for which the BOE provides pre-kindergarten teachers as part of a collaborative federal program.
2004-08 School Superintendent
School Superintendent has control over all of a school system's financial transactions. He had a de minimis financial interest in the school system's credit union. (non-precedential)
2004-10A and 2004-10B County Board of Education
A County Board of Education member may not work for a multi-county vocational school for three counties where the counties jointly operate the vocational school through a seven-member board which includes a Board Member and School Superintendent from each county.
2004-12 Board of Education
A Board of Education may not buy crushed stone from a company owned by a member's spouse and brother-in-law. While the revenues from potential sales to the BOE represent a limited percentage of the total revenues of the company, they are still more than de minimis.
2004-14 State Board
A State Board may not lease a storage unit from the executive director without a contract exemption.
2004-20 Town Council
The Town Council may not contract with the spouse of the mayor to perform repair work on the town's water lines. Granted contract exemption, however, due to four other contractors turning down the project.
2004-25 City
A City may not purchase real property to use as a public street from a council person without a contract exemption. Contract exemption was granted based on hardship.
2004-27 Public Service District
A Public Service District may not, under W. Va. Code § 61-10-15, renegotiate a loan from a bank whose president serves on the PSD. (The part-time appointed exception under the Ethics Act applies to PSD members).
2004-10A and 2004-10B County Board of Education Member
A County Board of Education member may not work for a multi-county vocational school for three counties where the counties jointly operate the vocational school through a seven-member board which includes a Board Member and School Superintendent from each county.
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]
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--overruled, in part, by Advisory Opinion 2017-22
2009-11 Assistant PrincipalAssistant Principal is subject to the prohibitions in § 61-10-15, so school may not contract with his business.
2010-03 County Board of Education Candidate
The spouse of a 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
A BOE may contract with a private non-profit when one of the BOE members sits on both the boards. (Other part of this Opinion was 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.
2010-06 Public Library Board
A Board member of public library created by Special Act of the Legislature and joint venture of county and city entities is not subject to W. Va. Code § 61-10-15.
2010-10 Board of Directors of a County Authority
A part-time appointed board member may not bid at auction on items sold by board by W. Va. Code § 61-10-15.
2010-14 County Board of Education Member
BOE memberls restaurant may not sell to schools.
2010-15 County Board of Education Member
A BOE member may not be paid to officiate as a sports official in his own county. A BOE member may volunteer as a referee and receive $1 to obtain insurance coverage.
2010-16 County Board of Education Member
A BOE member may contract with State Department of Education for online teaching even though some teachers from her county may participate. BOE’s reimbursement of county teachers’ expenses incurred in taking member’s online course.
2010-20 Conservation Districts
A District may not spend public funds in excess of $1,000 to construct project on an elected board member’s property without a contract exemption. (Obsolete given changes to statute.) Not subject to the prohibitions of W. Va. Code § 61-10-15.
2010-21 County Board of Education
A BOE may not contract with a private club in which an elected board member, treasurer and spouse of the superintendent own stock without a contract exemption due to the prohibitions of W. Va. Code § 61-10-15.
2010-24 Board of Education
A BOE may purchase property owned in part by a Sheriff’s Chief Tax Deputy. Chief Tax Deputy not subject to W. Va. Code § 61-10-15 since position is neither statutorily created nor require an oath of office. BOE may not purchase property owned in part by a part-time Assistant Prosecutor without a contract exemption. Assistant Prosecutor exercises voice, influence, or control over BOE contracts.
2011-01 County Council Member
A 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.
A 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.
2011-09 County Hospital
A 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 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 (BOE)
The spouse of BOE Superintendent may not be employed as Director of Student Services.
A 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. Overruled portion of AO 2010-04 wherein member of a non-profit board was prohibited from voting as a member of the Board of Education.
A County Commissioner may purchase tax liens at a Sheriff's sale or through the State Auditor's Office. 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
A City employee/building inspector may be on City Council, but he must perform his Council duties on his own time, not during his public work hours. 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.
2012-02 County Commissioner
A County Commission may purchasing property from real estate business with which a County Commissioner is associated. Neither Commissioner nor his immediate family members have ownership interest in property, so there is no prohibited interest.
2012-03 County Agency
A County agency may employ a supervisor’s son, even though they live in the same house, so long as the Supervisor is completely removed from the hiring process. Supervisor employed by County Agency is not a county officer and therefore is not subject to provisions of W. Va. Code § 61-10-15.
2012-07 Mayor
A Mayor may not use public resources for the benefit of his private business; 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
A 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.
2012-13 Member of a County Board of Education
A BOE member may contract with a public university to supervise university students during their placement in public schools so long as he does not use any public resources, including BOE staff, to perform his private contractual duties.
2012-16 County Commission
A County Commission is prohibited from purchasing private property from appointed member of County Building Commission. May seek Contract Exemption if it believes the property is only viable option.
2012-24 Mayor
A Mayor may reside with father who is employed by City; may not exercise supervisory control over his father/city employee.
2012-26 Candidate for County Commission
A Commissioner's spouse may not remain employed with County Clerk’s office or by any other county office or agency if Candidate becomes county commissioner. But see spousal exemption created by § 61-10-15 (l) for spouses who were employed by county prior to their marriage to a county official.
2012-28 Candidate for Prosecuting Attorney
A Prosecuting Attorney's spouse may not continue her employment with the Prosecuting Attorney’s office. Requester’s spouse may be employed by another county office.
2012-29 County Emergency Services Director
A County EMS 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.
He may not privately contract with County to manage a federal grant if the Requester’s duties as EMS Director gives him direct authority and control over private contract with County.
2012-30 County Emergency Services Director
A County EMS Director may privately contract with a municipality within County to manage federal grant for mitigation projects when municipality does not fall under County’s floodplain jurisdiction.
2012-32 State Legislator and County BOE Bus Operator
A Legislator/bus driver may contract with Regional Educational Service Agency (RESA). 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
A public agency may permit employee who was involuntarily denied boarding from a flight while in travel status to accept compensation from airline.
2012-36 State Employee
A State employee may contract with State of West Virginia to compile official papers of former Governor.
A Mayor's $100/year compensation for serving on City Council is de minimis. Appointment to position on Council is 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
An 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. As part-time appointed public official, he may purchase property from interested person subject to the limitations.
2012-40 Assistant Superintendent
Assistant Superintendent has voice, influence or control over spouse's subcontract with company that provides services to school system, therefore contract is prohibited.
2012-42 - Conservation District
A Conservation District may award $500 scholarship to District supervisor’s child so long as District supervisor recuses him/herself from all participation in selection of scholarship participants.
2012-45 County Attorney
A private 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
A City may contract with law firm that employs a City Council member, subject to proper recusal.
2012-47 County Commission
A County Commissioner may be 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
A 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. May not supervise any relative or relative’s supervisor.
2013-09 County Prosecutor
An Assistant Prosecutor may serve as elected County Commissioner in another County, even if counties are situated in same judicial circuit.
2013-13 County Commissioner
A County Commission is 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 rent a building owned by the town without an exemption. The prior lease was proper, as the town council member was not a member at the time of original lease.
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; no control or authority over the selection of the state agency's 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 exception applies.
2013-25 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. (Obsolete by statute.)
2013-27 Teachers
Teachers who served on a textbook adoption committee may not enter into subcontracts with a private textbook company for the purpose of training other teachers in the selected textbook’s use.
2013-36 County Assessor
A County Assessor may purchase office supplies from a company owned by his employee’s fiancé because the employee has no involvement with supply purchases.
2013-41 County EmployeeA County employee may not serve on County Commission while employed full time by the County Ambulance Authority.
2013-52 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.
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. 2014-02 State Board Members 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 An assistant park superintendent may serve at the same park where his/her brother has a contract to operate its marina, with limitations. 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. 2014-05 County Board of EducationA BOE 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.
2014-08 Appointed Member of County Solid Waste Authority
A SWA member, in his/her private capacity, may bring a civil suit against the authority on whose board he/she serves, with limitations.
2014-09 Candidate for County Board of Education
A BOE member may be employed as a teacher for a multi-county area vocational center that services the county because the BOE is not the teacher’s employer.
2014-12 Sheriff
A Sheriff may not sell unused or surplus weapons directly to the son of a Deputy Sheriff.
2014-15 State Agency
A State agency may sell advertising to defray the cost of wellness tools on its website; 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
A Sheriff's Department may contract with the Sheriff's father-in-law. 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.
2015-05 City Council Member
A 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.
2016-06 County Public Service District
A PSD member does not need a contract exemption when board members’ pecuniary interests are de minimis.
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
A Commissioner’s company may not provide contractors with materials for a Parks and Recreation Commission project.
2017-04 County CommissionerA County Commissioner may not be employed by a public library to which the county commission provides funding. The commission’s appropriation to the library constitutes approximately 7 percent of the library’s budget which, for purposes of § 61-10-15, constitutes the exercise of voice, influence and control over the library’s contracts.
2017-10 A County Commissioner's CompanyA County Commissioner’s company may sell construction materials and supplies to county contractors to use on non-county projects.
2017-11 A County Commissioner
A County Commissioner may not knowingly sell his products to contractors or subcontractors to use for county projects. The Requester must take reasonable precautions to ensure that his products are not sold to county contractors or subcontractors to use for county construction projects.
2017-12 A County CommissionerAn employee or board member of a county parks board may be employed by a Convention and Visitor’s Bureau (“CVB”) or serve 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.
2017-22 A State AgencyA part-time appointed state board member whose spouse has a finder’s fee agreement with property owners applying for inclusion in the board’s conservation easement program may serve on the board or one of its subcommittees, but must recuse himself from all board and subcommittee matters involving conservation easement applications.
Overrules, in part, Advisory Opinions 2009-08 and 2011-18. 2018-05 Potential Board of Education Member
A BOE member would not have sufficient voice, influence, or control over her employment contract with WVU Extension Service to prohibit serving as a Board of Education member, if elected, given the BOE’s limited appropriations to WVU Extension Services and the Requester’s lack of power to make appointments to her local extension service committee
2018-07 A County CommissionA County Commission may allow the Sheriff to live rent-free in a house located in the county park because the Sheriff’s presence would enhance security at the park and he would repair and maintain the house.
2018-09 A City A City council member does not have a prohibited interest in a city’s proposed public contract to purchase property adjacent to the member’s residence and 28 other residences because the benefit to the member is not selective, differential or in disproportion to the benefit provided to the other 28 owners. The member may deliberate and vote on the purchase as a member of a class because he is similarly situated to the other 28 owners.
2018-10 Board of EducationA 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).
2019-04 City A City may not make purchases from a Fire Chief’s business, either directly or through a reimbursement request from the VFD, if he had been involved in the purchasing decisions because the part-time appointed official exception would not apply.
The City may make purchases from the Fire Chief’s private business if it is willing and able to remove him from participating in decisions involving the purchase of equipment or supplies for the City’s Fire Department and/or the VFD. City Council members may apply for and receive grants from the City’s Small Business Grant program, even though they may have direct authority and control over the program, because the grant is not the type of contract the Legislature intended the Ethics Act to prohibit. Businesses owned by City employees may also receive grants through the program.
2021-13
County Board of Education MemberA BOE member may be employed as a teacher by a private nonprofit school which contracts with the BOE to provide educational and behavioral health services to students in the County School System due to a five-part exception in W. Va. Code § 61-10-15. Discusses the rules on voting on the BOE budget as it relates to the nonprofit school and the prohibition on voting on invoice payments to the nonprofit school.
A BOE member may vote on matters affecting a customer of his private construction business when the member is not associated with the business of the customer and does not have a direct and immediate financial interest in the matter. (partially overrules Advisory Opinions 2005-12 and 2012-07)
A State commission may contract with a person who serves on another state board that provides administrative support to the state commission due to an exception in the Act for part-time appointed officials and because the state board member had no involvement in awarding the contract.
2022-14
State Agency General Counsel A State Board may contract with a law firm in which its General Counsel’s spouse has an ownership interest that is less than a five percent, but the General Counsel must remove herself from participating in the contract award process if her spouse’s law firm submits a bid.
2022-15 County Board of Education Member A BOE member may serve concurrently as an unpaid volunteer coach for a public school in the same county without violating W. Va. Code §§ 61-10-15 or 6B-2-5(d). But see the restrictions in W. Va. Code § 18-5-1a(a)(2).
A State Legislator may serve as legal counsel, through a law firm that employs him, to a county clerk's office located within his legislative district.
2023-08 Sanitary Board
A City sanitary board may allow an employee or his parents to participate in the board’s biosolids program and may upgrade a biosolids storage area on the employee’s parents’ property if the sanitary board determines that the upgrade will provide an overriding public benefit.
2023-11 Prosecutor
A Prosecutor may employ spouses as assistant prosecutors as long as the Act’s nepotism provision and the applicable Legislative Rule are followed. Assistant prosecuting attorneys do not per se have any voice, influence, or control over the employment contracts of the other assistant prosecutors in the prosecutor’s office.
A County Commissioner may be employed by a nonprofit organization to which the Commission appropriated funds constituting less than seven percent of the nonprofit’s fiscal year revenues. County funds may not be used to directly fund the county commissioner’s employment position with the nonprofit.
2024-05 County Commission
A county commission may buy or sell property to or from a business owned by the sons of a county commissioner’s business partner.
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A university BOG member must have recused himself from participaing in the univerisity's decision to sell a building in order for the part-time appointed official exception to apply. The trigger point for recusal is not when the member decided he wanted to purchase the building.
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1991-67 Circuit Clerk
A County Clerk may not accept an appearance fee or reimbursed expenses from the court and be paid by his public employer.
1998-17 State Official
A State Official may not accept statutory per diem for serving as an ex officio member of a Commission that is part of his official duties for which he is already paid.
1999-27 Mayor and Recorder
A Mayor and Recorder may accept payment for serving on the sanitary board.
1999-30 County Commissioner
A County Commissioner may accept compensation for his unrelated full-time appointment to a state board.
2001-36 State Employee
A State Employee may accept compensation for jury duty.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 EmployeeA 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.
2023-02 Housing Authority Executive Director
An executive director of a housing authority may accept a stipend from a bank for serving on an advisory council when the housing authority is not doing business with the bank. The executive director must take annual leave to avoid double dipping.
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1989-21 Legislator
A Legislator may contract and work for a foundation that pays him with grant money due to exceptions in the Act.
1989-22 State Employee
A full-time public employee is subject to provision (h) and may seek an exemption. (Some of the Opinion is based on a prior version of the Act at (h)).
1989-23 State Employee
A full-time public employee is subject to provision (h) and may seek an exemption. (Some of the Opinion is based on a prior version of the Act at (h)).
1989-24 Public Employee
A full-time public employee’s employment ends when he is no longer actively handling agency business. Subject to post-employment revolving door and prohibited representation restrictions.
1989-39 Staff Attorney
A full-time state attorney working for the Tax and Revenue Department needs an exemption to seek work with a law firm that is regulated by the Department.
1989-45 State Department of Education
State Transportation Specialists may be employed by private trucking companies to administer driving tests while off-duty.
1989-58 Board of Education
A BOE curriculum specialist may be paid by a publisher to review a book. [But see amended statute, (h) which prohibits employment with vendors.]
1989-64 State Commission
A State Commission may contract with its former director for services.
1989-83 County Probation Officer
A County probation officer may provide consulting services to companies in another county.
1989-87 County Housing and Redevelopment Authority
The Executive Director of a county housing and development authority may work part-time for a company that is not regulated by nor does business with the authority.
1989-96 State Employee
A State employee may not work part-time for a facility licensed by his agency. (Opinion is based on a prior version of the Act at (h)).
1990-15 City
A City may employ a nurse who is married to a lawyer whose firm does work for the City.
1990-21 Part-time Prosecutor
A part-time prosecuting attorney is not subject to subsection (h) of the Act.
1990-25 College Professor
A College professor may also work as a public accountant.
1990-43 State Biologist
A State biologist may work for a company doing business in another state.
1990-65 State Senator
A Senator may work for a state college.
1990-72 Assistant Prosecuting Attorney
An Assistant Prosecutor may contract with the State for legal services.
1990-81 City Employee
A City employee may serve on city council.
1990-82 State Employee
A State employee may work part-time for a private law firm that the agency does not regulate.
1990-87 City Council Member
A City council member may work for a state park.
1990-88 County Administrator
A County administrator may not work for the county PSD. (Based on a prior version of the Act (h), and (W. Va. Code § 61-10-15 was not considered.)
1990-89 State Inspector
A State inspector may work for a business unrelated to his agency’s regulatory power.
1990-97 County Commissioner
A County Commissioner may perform real estate appraisals for banks who do not do business in the county.
1990-120 Board of Education Superintendent
A Superintendent may work for a credit union used by BOE employees.
1990-123 Board of Education Member
A BOE member may work for the county assessor’s office.
1990-127 Foresters
State foresters may not consult with landowners the agency regulates even during private time. (The relevant provision of the Act, W. Va. Code § 6B-2-5(h), has been modified.)
1990-130 County Commissioner
A County Commissioner may work for a city water treatment plant.
1990-138 State College Board
A State College System board may contract with a member's employer, a gas company.
1990-142 Board of Education
A BOE may contract with a member’s brother-in-law.
1990-149 State Department
Employees of a state department may not be paid for providing training during their free time that is provided for free by the department.
1990-150 State employee
A State employee may not lease equipment to persons regulated by his agency. (The relevant provision of the Act, W. Va. Code § 6B-2-5(h), has been modified.)
1990-157 Sheriff - part-time
A part-time Sheriff may be employed by a resident care facility for security services.
1990-170 Solid Waste Authority
A Solid Waste Authority may hire its chairperson. (W. Va. Code § 61-10-15 not considered.)
1990-174 Board of Education
A BOE may hire a member’s spouse. (W. Va. Code § 61-10-15 not considered.)
1990-183 Board of Education Member
A BOE member may privately contract with school employees regarding workers compensation injuries. Not a public contract. (W. Va. Code § 61-10-15 not considered.)
1990-188 State Department Employees
Part-time State employees may work for regulated agencies.
1991-03 Educational Broadcasting Authority
The State EBA’s staff engineer may have contract work with a non-profit associated with the EBA..
1991-04 Legislator
A Legislator employed by a Board of Education may use an OSE day to attend a legislative session.
1991-06 Legislator
A Senator may be paid by his private employer during a session.
1991-07 County Employee
A County appraiser in the Assessor’s Office may own a real estate business. She should not appraise property in which she has an interest.
1991-16 Solid Waste Authority Member
A SWA member may work for the county health department inspecting private septic systems and for the SWA. (“Close friend” category is no longer part of nepotism restrictions.)
1991-17 State Commissioner
A State Commissioner may own and operate liquor stores that sell liquor to regulated entities.
1991-21 City Council Member
A City Council member may work for the City.
1991-22 A State Conservation Officer
A State conservation officer may own and operate a bail bond and private investigation corporation but may not use confidential criminal records to which his state job gives him access.
1991-27 Public Employee
A State employee of the Waste Management section of the Division of Natural Resources may own and operate an asbestos lab when it does not do business with entities regulated by his agency.
1991-29 County Housing Authority Executive Director
A County Housing Authority director may also work as the manager of the county block grant funds.
1991-45 State Solid Waste Employee
A State employee with the Solid Waste Authority Board may serve on a city’s sanitary board.
1991-51 Legislative Employee
A Legislative employee may work for a lobbying association while on annual leave.
1991-52 City EMS Employee
A City EMS employee may work as an investigator as his clients would not be regulated by the EMS.
1991-54 State Employee
A State employee may seek a job with a governmental agency that is regulated by the state department.
1991-60 County Health Department Sanitarian
A Sanitarian may not work for a company that does business with businesses regulated by the Health Department.
1991-61 Assistant Attorney General
An Assistant Attorney General that represents state agencies in litigation and legislative matters may work for a private law firm not involved with those matters. The AG only regulates consumer protection and antitrust.
1991-69 State Attorney/Assistant Prosecutor
An Attorney for a state agency may also serve as an assistant prosecuting attorney, another governmental position.
1991-71 State Administrative Assistant
A State administrative assistant may work for a sales company his agency does not regulate or work with. [But see amended statute which prohibits employment with vendors.]
1991-76 Public Employee
A Public employee may not rent property to a regulated tenant. Leasing is considered employment. (Limitations in provision (h) were limited in 1995 to apply only when employees or their subordinates regulate a person.)
1991-78 Legislator
A Delegate may accept his regular salary from his BOE employer minus his legislative salary during the session.
1991-79 Part-Time Prosecuting Attorney
A part-time prosecutor may represent a county development board. [Note that W. Va. Code § 61-10-5 was not considered.]
1991-82 State Trooper
A State Trooper may be paid for consulting on a rescue mission movie in his private time .
1991-83 Public Employee
A BOE employee who oversees the anti-drug programs may work for a foundation he does not regulate. [But see amended statute which prohibits employment with vendors.]
1991-90 Legislator
A Legislator may not be paid by his employer to introduce and advocate for legislation which is part of his official duties.
1991-91 County tax Deputy
A County tax deputy may form a business to collect city taxes.
1991- 94 Legislative Attorney
A part-time legislative attorney may continue being paid by his law firm during session his salary reduced by his per diem.
1992-02 Public Employee
State mine inspectors who regulate a mine association and may not be paid by association for training.
1992-07 Legislator/Solid Waste Authority Member
A Legislator may be a Solid Waste Authority member.
1992-10 County Prosecutor
A County Prosecutor may not employ his spouse as assistant prosecutor.
1992-19 Public Employee
A public employee word processor who performs only ministerial work may seek and hold part-time employment with a private court reporter used by his public employer.
1992-23 Part-time Public Employee
A Part-time public employee is not subject to the employment limitations in the Act.
1992-26 City Council Member
A City Council member may work as the city building inspector.
1992-30 Legislator/Teacher
A Legislator/teacher may accept a $100 stipend from a state agency for training on his private time.
1992-36 Deputy Tax Assessor
A Deputy Tax Assessor may serve on a BOE.
1992-39 Board of Education Employee
A BOE employee may work for a toy company that the BOE does business with, but is not regulated by, the BOE.
1992-43 Part-time Prosecuting Attorney
A part-time Prosecuting Attorney may not work privately for the board of education as he is already required by statute to work for the BOE.
1992-45 State Employee
A State employee may not work for a business that is regulated by the agency but not by him or his subordinates.
1992-48 County Commissioner
A County Commissioner may not work for a solid waste authority when 2 of 5 members are appointed by commission.
1992-49 State Employee
A State employee may work for another state agency without an exemption.
1993-17 State Agency Director
A Director of the Tax and Revenue Department may not work as a mediator for state citizens as the department regulates them. (Limitations in provision (h) were limited in 1995 to apply only when employees or their subordinates regulate a person.)
1993-18 Elected State Official
A state official may serve on the state Board of Investments and privately sell mutual funds and stocks.
1993-33 City Council Member
A City Council member may be employed by the Public Service Commission, which as a government agency, is not a “person.”
1993-34 City Sanitary Board member
A Sanitary board member’s company may construct private sewage systems that are regulated by the board.
1993-51 State Employee
A State employee with the Division of Rehabilitation Services may be referred clients from the Workers Compensation Fund for private disability evaluations.
1994-21 City Housing Authority Member
A Housing Authority member’s son may work for the authority under the executive director.
1994-25 Prosecuting Attorney
A Prosecuting Attorney does not regulate private citizens and may serve as a trustee. [But see W. Va. Code § 7-7-4.]
1994-31 State Employee
A Public employee may work for a family regulated by his agency because his duties are not regulatory. (Limitations in provision (h) were limited in 1995 to apply only when employees or their subordinates regulate a person.)
1994-36 Sheriff
A Sheriff may hire a former county commissioner.
1995-01 Board of Education Member
A BOE member’s spouse may be employed as a school nurse per statutory exception.
1995-07 State Senator
A Senator may host a one-hour weekly talk show for no compensation.
1995-08 Planning Commissioner
A Planning commissioner may work with commission staff regarding free plans he prepared for the Parks Department. [See also W. Va. Code § 8A-2-4(e).]
1995-13 Board of Education Employee
A BOE Psychologist may not provide counseling services for a fee after hours to children he is expected to serve in school without charge. May provide unsolicited counseling services to parents.
1995-15 City Employee
A City supervisor whose subordinates regulate the zoning of a construction site may not work for the contractor.
1995-22 County Solid Waste Authority Member
A Solid Waste Authority member’s spouse may not work for the authority. (But see exception, in (g), allowing working for entities regulated by the PSC.)
1995-24 County Commissioner
A County Commissioner’s wife may not work for the county commission or the sheriff's office. His emancipated son may.
1995-31 State Employee
A State employee may work for a corporation that has a member who has a regulatory action unrelated to the corporation against the agency.
1995-33 State Employee
A State regulatory employee may seek employment with a consulting firm not subject to his or a subordinate’s action even if the firm's clients are.
1995-36 County Planning Director
A County planning director may work for a municipality.
1995-45 County Economic Development Attorney
An EDA attorney may represent county commission employees in his private time.
1996-13 Teacher
A Public music teacher may not give private lessons to his students as that is already part of his public job duties.
1996-16 University Professor/State Board member
A University professor may serve on a state board in his private time and receive per diem compensation.
1996-18 Public Attorney
A Public attorney may handle pro bono cases on his private time.
1996-21 State Employee
A State employee may seek part-time work from another state agency without an employment exemption.
1996-22 County Health Department Member
A County health department member’s spouse may not be employed by the health department. (Note: W. Va. Code § 61-10-15 exception now permits this employment.)
1996-23 County Commissioner
A County Commissioner may not be employed by the county hospital. His spouse may not be employed by the PSD.
1996-24 Board of Education Member
A Board of Education member may privately employ another BOE member.
1996-30 Town Council Member
A Town council member may be employed by the town as a police officer.
1996-32 State Employee
A State employee may not work for or own more than 10% of a business he or his subordinates regulates.
1996-37 Police Chief
A Police chief is not regulating a festival when the city is providing routine police services during an event. Therefore, the chief may contract privatety with the festival organization.
1996-38 State Police Officer
A Police officer may own a towing company outside of his work location.
1996-52 County Assessor
A County Assessor may not be employed for survey work by a person who owns land in his county.
1996-55 Legislator
A Legislator (part-time) may work for a private development company.
1997-02 State Official
A State Official may accept commissions from a regulated person if he earned them before taking office.
1997-06 City Sanitary Board Member
A City Sanitary Board member may be an employee, subject to proper recusal.
1997-04 State Trooper
A State trooper may own a towing company in his jurisdiction, but the company may not service his agency or persons he is regulating, such as a driver he pulled over for speeding.
1997-08 State Regulatory Agency Employee
A State employee who performs only clerical, ministerial work may sell real estate to a person regulated by her agency but not by her.
1997-12 State Official
A State official may continue to receive retirement stipends from a bank for his prior work.
1997-17 County Board of Health Member
A County Board of Health member (and his private employees) may not represent his own company before the board.
1997-21 Legislator
A Legislator may be employed by any private or public entity, absent the misuse of his prestige or office to get a job.
1997-26 Public Official
A Public official may not maintain 20 percent ownership of a company that contracts with businesses regulated by the public agency. May work for his spouse's non-regulated company provided he has no contact with regulated companies served by the spouse's company.
1999-23 Legislator
A Legislator may not be employed by a county board of education to secure grants from the state.
2000-22 County Board of Zoning Appeals (BZA) Member
A County Board of Zoning Appeals (BZA) Member may appear, under W. Va. Code §6B-2-5(g), in a representative capacity before the County Planning Commission, a separate entity.
2001-35 State Employee
A State Employee, who is a forester, may not work as a paid consultant for, or be employed part-time by, anyone who is regulated by him or one of his subordinates.
2002-08 County Board of Education member
A County Board of Education member may bid on a BOE contract after her term expires but may not use confidential information to her advantage. Revolving door and prohibited representation provisions are not applicable.
2003-04 Mayor
A Mayor may be temporarily employed by the city as the city manager. Mayor has a clear financial interest in the matter, so his recusal is required.
2006-03 State Administrative Law Judge (h)
May not represent individuals he regulates in his private law practice
2009-07 County Commissioner (g)
A County Commissioner, a private attorney, may prepare wills, but must fully recuse himself from County Commission's probate thereof; may not appear in a representative capacity in any probate proceeding before the County Commission, even if uncontested; and 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 under conditions. 2011-04 Per Diem Legislative Attorney A per diem Legislative attorney who is an Independent contractor is not covered by the Ethics Act.
2011-14 Candidate for County Assessor
Assesssor may not continue career as owner and broker of real estate business within county where he will serve; may continue in other counties
2012-03 County Agency
A County agency may employ a Supervisor’s son, even though they live in the same house, so long as the Supervisor is completely removed from the hiring process. 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.
Chairperson of Municipal Water Board may be 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.
A Mayor may not use public resources for the benefit of his private business; 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.
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 LobbyistA person is 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.
A Legislator may be retained to provide consulting services to Public University during and after his term of office. 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.
A State employee may contract with State of West Virginia to compile official papers of former Governo on her private time as she does not have control over 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 EducationA School coach may privately employ School Principal. Restrictions apply. Prohibition against direct solicitation of business from subordinate relates to commercial transactions such as sale of goods or services, not employment.
Employee performing multiple job functions for same County Employer does not constitute illegal “double dipping.”
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.
Prosecutor's wife may work as school nurse in same county due to statutory exception in § 61-10-15. County Prosecutor has voice, influence, and control over Board of Education contracts.
A County Commission may not employ a private attorney for civil matters who has a private criminal defense practice in the same county due to inescapable conflict.
A Civil Service Board member may not sit on the board while he/she is employed by 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.)
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.
2013-35 Housing Authority Inspector/MayorA Housing Authority may continue to employ a part time inspector who was recently elected Mayor of a nearby town, with limitations.
A county employee may not serve on County Commission while employed full time by the County Ambulance Authority.
2013-42 County EmployeeA 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 EmployeesA 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 EmployeeStaff 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 SuperintendentState 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.2014-19 State Regulatory AgencyAMay 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 InvestigatorState 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 DeputyA 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 LegislatorLegislator 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 AttorneyLegislative 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 EmployeesState 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 EducationW. Va. Code § 61-10-15 prohibits a County Board of Education from employing the Superintendent’s spouse as a literacy coach. 2015-18 State EmployeeA 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
County Parks Board member may be employed by a Convention and Visitor’s Bureau (“CVB”) or serve 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 MemberA 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
A county Airport Authority Board member may work for a hotel that 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 for 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.
2022-09 County Commissioner
A County Commissioner may be employed as the operations manager for a nonprofit county rescue squad because the County Commission does not appropriate money to the rescue squad and only appoints one of its nine members.
2022-10 County Assessor
An Assessor was not permitted to accept compensation for his employment services from the Association under W. Va. Code § 6B-2-5(h)(1). He was permitted, however, to accept funds from the Association and use them to cover his travel expenses because the conference would increase his job knowledge and skill, which would significantly benefit the Assessor’s Office and the public.
2022-21 State Legislator
A State Legislator may serve as legal counsel, through a law firm that employs him, to a county clerk's office located within his legislative district.
2023-01 Sheriff
A Sheriff may be privately employed as a security officer during his off-duty hours under the Ethics Act, but see W. Va. Code § 6-3-1(a)(5) and § 7-14-15a for employment restrictions on Sheriffs.
2023-02
Housing Authority Executive Director An executive director of a housing authority may accept a stipend from a bank for serving on an advisory council when the housing authority is not doing business with the bank. The executive director must take annual leave to avoid double dipping.
2023-06 State Agency DirectorA state agency director may continue his part-time, of counsel employment with a private law firm unless the law firm, either directly or through the law firm’s representation of clients, has matters before the state agency on which he or any of his state agency subordinates is working.
2023-09-College Professor
A state college employee may serve as a Legislator subject to the other restrictions in the Act. The Legislator need not recuse himself from voting on legislation or appropriations that benefit his public employer. To the extent that Advisory Opinions 2012-19 and 2012-23, which adopted these restrictions, conflict with the Ethics Commission’s holding, this Opinion controls. See also Article 6, Section 13, of the West Virginia Constitution.
2023-11 Prosecutor
A Prosecutor may employ spouses as assistant prosecutors as long as the Act’s nepotism provision and the applicable Legislative Rule are followed. Assistant prosecuting attorneys do not per se have any voice, influence, or control over the employment contracts of the other assistant prosecutors in the prosecutor’s office.
2023-13 County Commission
A County Fire Coordinator may not be a paid member of a nonprofit VFD in the County because he is a full-time County employee and the VFD has matters before his agency on which he is working. He may be an unpaid member of the VFD. The County Fire Coordinator is not a public official for purposes of W. Va. Code § 61-10-15.
2024-02 County Commission Candidate A county commissioner may be employed by a municipality in the same county because the county does not appoint the municipality’s officials or employees and the county’s appropriations are less than seven percent of the municipality’s budget.
2024-06
PrincipalA career and technical center principal may operate a consulting business that helps students and their families apply for college scholarships, but the principal may not contract with students who currently attend his school, have attended his school in the preceding twelve months, or who have a matter currently pending before the principal or his or her subordinates.
2024-08 A Municipal Judge candidate
A Municipal Judge candidate may be employed by a city where her father is employed as the city attorney, subject to the private gain restrictions in the Act. Other laws may apply, such as the West Virginia Rules of Professional Conduct, which govern attorneys.
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1998-22 State Agency
A State Agency may be referenced in a private company’s brochure that does not contain a product endorsement.
2000-19 State Agency
A State Agency may not allow a software vendor to pay for training expenses of its employees in exchange for being a reference account endorsing the vendor. No overriding public benefit.
2000-21 State Employee
A State Employee may not give a letter of recommendation containing laudatory terms to a trainer for his law enforcement training. She may discuss the merits of the training program with other current or potential users who may contact her.
2002-18 State Agency
A State Agency may not allow one of its dogs to be featured in a dog food commercial. There is no overriding public benefit.
2003-03 County Commission
A County Commission's free use of vehicles in a "rolling billboards" program may violate the private gain provision, absent an overriding public benefit.
2003-09 City Council
A City Council's free use of vehicles in a "rolling billboards" program may violate private gain provision, absent an overriding public benefit.
2013-06 State Agency
Staff may meet with vendors to learn more about their products or services. Agency head my not recommend a particular vendor, with limited exceptions. If State has sole source contract with vendor, then Agency may advise counties that terms of State contract require using particular vendor(s) or product(s). If asked, Agency head not prohibited from communicating to county his opinion on quality of vendor’s services. Agency head may not endorse vendor absent an overriding public benefit.
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 CommissionerPublic 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 AgencyPublic 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 AgencyA 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 OfficersA 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 website. 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.
2022-11 State Agency
A State Agency may post a list of employee suggested restaurants on its wellness website because there is an overriding public benefit in promoting employee wellness and morale and the posting does not, therefore, constitute an improper endorsement.
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1989-116 City Council Member
A City Council member must disclose the source, but not amount, of income of $5,000.
1989-72 Director of the Fund
Directors of the Fund must file financial disclosure statements. Must report gifts to spouses.
1990-01 Official’s Designee to State Fund
An Offiicial’s designee is not an appointee and need not file FDSs.
1990-36 Judicial Branch Employees
Judicial branch employees are not exempt from filing FSDs. (Overruled)
1990-42 Public Defender Services Corporation
One Director of the PDS is required to file annual FDSs.
1990-55 County Surveyor
A County Surveyor must file FDSs.
1990-165 Public official
A public official must disclose the name of the investment company or business from which he/she received over $5,000, but not the names of individual stocks or clients.
1990-169 County Officials
County officials may allow a financing company to pay for a trip to New York City for a closing. Need not report a gift.
1993-13 Circuit Court Judge
A Circuit court judge must file an annual FDS. The Commission has no authority to grant exemptions.
2004-15 Soil Conservation District Supervisors
Soil Conservation District Supervisors need not file financial disclosure statements. (Per a statutory change, soil conservation district supervisors (conservation district members) are now elected officials who must file. W. Va. Code § 19–21A–6). (Obsolete by statute change.)
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 AgencyThe 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.
2022-13 State Board's Executive Director
A State Board's Executive Director and Board Members do not have to disclose on their financial disclosure statements that a foundation paid their attendance and travel expenses for a foundation training conference because the foundation does not have a direct and immediate interest in a governmental activity over which the State Board has control.
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1989-12 Legislative Employee
A public employee may not solicit food and beverages for a training conference.
1989-31 Legislator
A Legislator may accept meals and beverages from an association during its annual conference.
1989-38 Legislator
A Legislator may accept travel expenses from the association for its attending a conference under some circumstances.
1989-40 Board of Education Members
BOE members may accept free passes to some school-related cultural events, but not to athletic events.
1989-46 Legislators
Legislators are subject to the prohibited gifts provision.
1989-47 Legislators
Legislators may accept nominal gifts, including a day book having a value of $3, from an association.
1989-51 Legislator
Legislators are entitled to the meals and beverages exception.
1989-53 Legislator
Legislators are entitled to the meals and beverages exception.
1989-63 County Commissioner
A County Commissioner may not accept an honorarium.
1989-69 Legislator
A Legislator may attend a seminar, reception, and dinner sponsored by a corporation due to the meals and beverages exception.
1989-75 County Commissioner
A County Commissioner may not accept a free parking pass from the airport authority because the commission regulates the airports.
1989-82 Legislator
A Legislator may accept meals and beverages from a chamber of commerce during its breakfast meeting for legislators.
1989-88 State Employee
A State employee may not accept personal rewards of free hotel stays from the State’s travel club that does business with her agency.
1989-97 Board of Education
A BOE member may not accept an honorarium.
1989-108 Legislator
A Legislator may accept a $10 show ticket
1989-111 Public Employee
A Public employee may solicit for the Salvation Army, a PTA, and a local church. He may not solicit subordinates.
1989-114 State Legislator
A State Legislator may accept a $2 calendar from a lobbyist.
1989-121 State Legislator
A State Legislator may accept a dinner from a company sponsoring a seminar.
1989-122 Legislator
A Legislator may solicit for a charitable non-profit where he works if the funds do not benefit him..
1989-123 Board of Education Employee
A BOE employee may solicit for a charitable organization.
1989-124 State Public Defender
A Public Defender may accept handmade leather gifts from an inmate that are purely private and personal.
1989-126 Delegate
A Delegate may not accept an honorarium, but may accept a fee for CLE seminars.
1989-130 Legislator
A State Legislator may accept meals and beverages from an association sponsoring a seminar.
1990-07 State Director
A State director may accept a book valued at less than de minimis amount.
1990-14 Board of Education Member
A BOE member may receive a gift on behalf of a nonprofit.
1990-18 State Employees
State tourism employees may accept meals and lodging from state parks and ski resorts while job training; but may not recommend them to the public.
1990-23 Delegate
A Legislator may solicit donations for programs to supplement salaries of professors.
1990-32 Legislators
Legislators may accept luncheons from the Chamber of Commerce due to the meals and beverages exception.
1990-58 Public Employee
A Public employee may accept an honorarium under some circumstances.
1990-61 City Police
City Police officers may solicit for the Special Olympics.
1990-62 State Delegate
A Delegate’s payment for work is not an honorarium or gift.
1990-73 Delegate
A Delegate may work for a non-profit as an administrator who solicits donations for free medical services.
1990-96 Legislators
Legislators who are panelists at association’s convention may accept travel reimbursement.
1990-113 University Purchasing Director
State Purchasing directors may accept paid expenses to visit a carpet factory in Georgia.
1990-118 Legislator
A Legislator may accept reduced travel rates when on state business because it benefits the state.
1990-128 BOE Director
A BOE transportation director may accept a paid trip by a bus manufacturer to see the bus factory.
1990-143 State Employee
A State supervisor may allow its computer vendor to pay for a trip for computer training.
1990-151 Board of Education Members
BOE members may not receive free entrance into athletic school events by county employees.
1990-161 City Council Member
A City council member may accept tickets for basketball games from a private university in exchange for selling tickets to the public.
1990-168 State Cabinet Secretary
A State official may implement the United Way Campaign for state employees under guidelines.
1990-169 County Officials
County officials may allow a financing company to pay for a trip to New York City for a closing.
1990-172 Public Employees
Public Employees may accept gifts from a professional association that are not funded by prohibited donors. Otherwise, this would be an improper indirect gift from an interested person.
1990-175 County Clerk
Public employees may not solicit another employee for a supervisor’s gift, but may voluntarily contribute to the gift.
1990-175 supp County Clerk
A County Clerk’s Office may accept a gift from a law firm even though it is an interested person.
1990-176 County Commission
A County Commission may not solicit funds for deputy training events, but may accept them as a department gift from a law firm.
1990-179 State Board of Education
State employees may solicit funds for adult learning technology, ADLT.
1990-182 Senator
A state Senator may accept a bouquet of flowers from a lobbyist because the gift was personal.
1990-187 Board of Education Members
BOE members may accept tickets from the secondary school district activities commission for athletic events at county school.
1991-09 Public Employee
A public employee may not accept a $500 bonus for serving as an executive director of a non-profit when his public employer may contract with the private members of the association. It would be a prohibited indirect gift.
1991-11 State Employee
A State employee of the oil and gas division may accept educational tours and paid expenses from associations whose members the division regulates.
1991-13 A County Prosecuting Attorney
A Prosecuting Attorney may not accept an indirect financial gift from a citizen.
1991-33 Governor
The Governor or his/her designee must notify the Commission the location of a gift.
1991-39 Deputy Secretary
A Deputy Secretary may accept a paid trip to a conference by an association since his state agency was willing to pay travel expenses due to public benefit.
1991-47 Legislators
Legislators may not accept an entrance fee for a golf tournament from the chamber of commerce. The Commission may not grant exemptions.
1991-56 State Employee
State employees working in departments that do not regulate rafting companies may accept a discounted rate from them.
1991-64 Legislator
A Legislator may not solicit donations for a non-profit vocal group.
1991-70 Public Employee
A public employee or official may accept a plaque given its inconsequential resale value.
1991-75 Public Employee
A Public employee may accept a personal gift of free accommodations from a vendor who is his friend’s employer as a personal and private gift.
1991-84 Legislator
A Delegate may solicit donations to relocate a local community college as it is charitable in nature.
1991-85 County Administrator
A County Administrator may accept personal gifts from subordinates.
1992-06 County Commission
A County Commission may solicit donations for animal shelters, but not for a drug dog.
1992-34 State Official
A State official may not solicit subordinate employees even for charitable donations but may solicit vendors, subject to restrictions.
1992-35 Legislator
A Legislator may accept payment of airfare from an interested person if the trip would have been paid for by the Legislature.
1992-37 Public Employees
Public employees may solicit for bullet-proof vests for law enforcement, a charitable purpose.
1992-38 A Legislator
A Legislator may accept free admittance to a health fair for private business purposes.
1992-41 BOE Superintendent
A BOE Superintendent may accept free passes to school events when attendance is part of his official duties.
1992-50 Public Employees
Public employees may not solicit for an electronic bulletin board.
1993-07 Association Members
Public employees who belong to an association may not solicit for a computer integrated courtroom as this is not charitable.
1993-08 City Employee
A City employee may solicit for recreational and community programs that benefit disadvantaged youth, a charitable purpose.
1993-10 Public Officials
Public officials may solicit businesses to loan executive employees to improve a department’s management practices.
1993-11 County Board of Education Member
A BOE member may not solicit donations for a defense fund in a removal case against him.
1993-19 Legislator
A Legislator may accept reimbursement for expenses incurred from a university leadership development program.
1993-22 Prosecuting Attorney
A Prosecuting attorney may not solicit donations for a polygraph machine and training because it is not a charitable purpose.
1993-24 State Commission
A State commission may use voluntary payroll deductions for donations to United Way. See also Advisory Opinion 1990-168.
1993-30 County Board of Education Superintendent
A BOE Superintendent and members may solicit, or have a private committee solicit, contributions for an athletic facility as it is a charitable purpose.
1993-31 County Solid Waste Authority
A Solid Waste Authority, but not the members, may accept interest free loans from a regulated business.
1993-44 Legislator
A Legislator may accept a trade magazine subscription as it provides informational value.
1994-01 County Commissioner
A County Commissioner may solicit donations from hospitals for hepatitis vaccinations for VFD members.
1994-10 Legislator
A Legislator may not accept a free trip to a riverboat gamling facility.
1994-14 Public Servants
Public servants may solicit donations for an adult and elder abuse conference available to the public, a charitable purpose.
1994-26 Cabinet Secretary
A Cabinet Secretary may implement an employee contribution campaign to solicit donations for the United Way.
1994-28 County Library
A County library may solicit donations from the public or vendors for upgrading its building, a charitable purpose but may not solicit subordinate employees.
1994-39 State Employee
A State employee may not accept a gift card over $25 to a restaurant from a vendor; the donor must be present.
1995-03 A Sheriff
A Sheriff may not accept a gift from a deputy sheriffs’ association because the purpose of the association is to address concerns about sheriffs.
1995-07 State Senator
A Senator may accept a political endorsement. A Senator may accept an offer from a TV station to be a weekly talk show host.
1995-17 Historic Landmark Commission Member
A Commissioner may solicit donations to buy a statue, which is a charitable purpose, for the county courthouse lawn.
1995-18 State Agency
A State agency may not solicit donations, accept as a gift from interested persons, or sell ads for social events at conferences.
1995-20 State Employee
A State employee may donate a prohibited gift to a charitable organization.
1995-26 City Urban Renewal Authority Member
A City CURA member may accept a golf outing as a personal gift due to the history of gifts over the years.
1995-27 State Official
A State official may solicit donations for an aerial photograph of the state only if the public has access to the photos.
1995-29 State Officer
A State public relations officer may solicit door prizes for informational booths at a state fair regarding environmental protections, a charitable purpose. (This Opinion is non-precedential.)
1995-40 Association of State Police
A Troopers association may not accept a gift of free advertising from a citizen of more than $25 even though there are 600 association members.
1995-43 Law Enforcement Association
Telemarketing funds may not be used for the operation of the association or to lobby for increased pay and benefits to its members.
1995-46 State Employee
A State employee may sponsor a petition to enact legislation, subject to the lobbyist provisions of Act, and solicit reward money to protect white deer, a charitable purpose.
1995-49 State Employee
A State park employee may accept a gift from a customer of the park. [Overruled in Advisory Opinion 2021-17.]
1995-51 State Employee
A State employee may accept a door prize valued over $25 at a conference also made available to private association members.
1995-53 County Commissioner/PDS Member
A County Commissioner may solicit funds for a public service district given its enabling legislation.
1996-04 Public Official
A Public Official may not solicit gifts for state conferences. Solicitation means “seeking to obtain something by direct persuasion or by petitioning persistently.” Mass mailing of form letters encouraging participation in events is not a solicitation. This opinion is non-precedential.
1996-07 Legislator
A Legislator may accept an unsolicited gift from a non-profit of a cassette on film history that was made for educational purposes.
1996-08 State Agency
A State agency may not give employees a 25% discount on merchandise sold at retail.
1996-19 City
A City may solicit donations for a city pool as a pool is a charitable purpose.
1996-20 City
A City may not solicit donations for a sound system for city council meetings.
1996-28 State Agency
A State agency may solicit monetary donations from area businesses and individuals to fund a conference relating to civil and human rights.
1996-36 Public Employees in Association
Public employees who are in a professional association are still subject to the Act. May not solicit for educational activities of its members. May sell raffle tickets and bake sales to fundraise for the training. May not solicit door prizes for training conferences. Scholarships for poor children are charitable. May accept donations from chambers of commerce as it is not an interested person.
1996-42 County Airport Authority Member
An Airport Authority member may accept a waiver of his landing fees that he incurred on official Authority business from a private company. Benefit flows to Authority and not to the member.
1996-46 County Board of Education
A BOE may become a customer of the PSD with which the assistant superintendent is associated. This opinion is non-precedential.
1996-47 State Police Trooper
A State trooper may accept a 15% discount offered to all law enforcement officers from a retail store that is not a state vendor.
1997-19 Chief of Police
A Chief of Police may solicit donations for community policing events and bicycle helmets as both have a charitable purpose.
1997-24 State Employee
A State employee may accept a purely private and personal gift from a person regulated by his agency. [non-precedential]
1997-25 Public Servant
A Public Servant may not solicit donations for a related professional association’s conference.
1998-18 County Public Service District
A PSD member may accept a free trip to a vendor’s seminar related to wastewater treatment equipment because it would enhance his job skills.
1998-23 A County Board of Education Superintendent
A County BOE Superintendent may not accept an honorarium from a vendor/publisher when it is given in exchange for work performed.
1999-14 Higher Education Coach
A Higher Education coach may accept a bonus from the school's booster organization.
1999-20 State Employee
A State Employee may not accept a free $40 ticket from a vendor to see a prominent journalist speak at a luncheon. “Meals and beverages” exception does not apply.
1999-24 County Commissioners
County Commissioners and employees may not solicit donations for a vehicle for litter control.
1999-25 State Agency
A State Agency and employees may not solicit donations for a seminar training but may sell ads or fundraise.
1999-28 Director of a Regional Service Agency
A Director of a Regional Service Agency (RESA) may not accept a free trip to a seminar in California from a software company due to no overriding public benefit.
1999-32 State Agency
A State Agency may not solicit donations for a statewide celebration of the state's birthday.
1999-37 State Agency
A State Agency that provides healthcare to poor children may solicit promotional materials.
2000-05 State Elected Official
A State Elected Official may send letters of support for “West Virginia Celebration 2000” to people who have previously expressed interest in the event, although it is a non-charitable event.
2000-06 State AgencyA State Agency may sell advertising space at a conference to vendors at graduating fees correlating with increased levels of display area.
A City Council may accept an offer from a privately-owned utility to pay for a special election that is required to sell the city’s water system.
2000-29 Association of Public Employees Members
Public employees may not solicit donations from vendors for a conference aimed at enhancing job performance as this is not a charitable purpose.
2000-39 State Agency
A State Agency may hire an employee to solicit donations for renovating a museum and to perform some work for the museum foundation as this is a charitable purpose.
2001-14 State Licensing Agency
A State Licensing Agency may not use employees to seek financial support for a noncharitable project from vendors, regulated persons, licensees, or the general public. May apply for grants.
2001-16 County Commission Members and Employees County Commission members and Employees may not travel to Japan to visit the headquarters of the county’s largest private employer. Corporation is an interested person as it is financially interested in the Commission’s duties. May not accept trips without an overriding public benefit. [See also W. Va. Code R. § 158-7-3.]
2001-19 State Agency
A State Agency may solicit discounts for products and services for its employee wellness program.
A State Employee may not solicit private and public financial support to pay for a personal trip to China.
2002-14 State employee
A State employee who estimates retirement benefits by performing only ministerial actions may accept a gift from a retiree she assisted. The retiree was not an interested person.
2003-05 Public Employees
Public employees may use the prestige of office to fundraise for a charitable purpose on behalf of their professional association. Lobbying for public interest laws, and training to enhance professional competence, are charitable purposes. Social events at the trainings and the salaries for the association's personnel are not charitable.
2003-13 State Employee
A State employee may not solicit donations for a non-profit that promotes family planning, finding that this is not a charitable purpose for purposes of the solicitation restrictions in the Ethics Act.
2004-09 University Employees
University employees may accept a 10% YMCA discount as part of its wellness program to reduce the University's overall healthcare delivery costs. The coordinator may accept a free membership if he volunteers in his free time. Alternatively, he may serve as coordinator on employer's time.
2004-24 State Agency
A State Agency may sell advertising in its newsletters to defray costs of newsletter.
2004-28 Board of Education Member
A Board of Education member or employee may accept an all expense paid visit to a potential vendor's trade show in Germany to learn about its state-of-the-art printing process that is not available in the US. Trip would increase the member's job-related skills or knowledge resulting in an overriding public benefit. (non precedential)
2005-02 County Board of Health
A 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
Association memebers 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
A 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 causes. Authorizes "buy down" which reduces gift to $25 limit
2009-09 State Employee
State Agency employees may not accept a lower lodging rate from a resort which the state agency regulates.
2010-01 Elected member of the Board of Public Works
A Member 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
A 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
A Legisator 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
A 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
A BOE 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
A State agency may solicit and accept funds for its recreation department, pursuant to its enabling legislation. Must comply with Legislative Rule if soliciting vendors.
2011-13 State Agency
Public agencies may not use public funds 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 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
A 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.
2012-08 Municipal Police Department
A City police department may not solicit donations to purchase a police canine and gun racks for police cars, but may accept them if unsolicited.
2012-20 Public University
A University may use public funds to purchase prizes or incentives , including gift cards, for wellness related competitions or promotions to employees.
$25 gift limit not applicable because wellness program administrators are not interested parties to recipients.
2012-43 Local Health DepartmentA Health department may serve as pass-through for a grant from a private charitable foundation for the benefit of two private entities that focus on health under some conditions. Serving as pass-through constitutes performance of usual and customary duties associated with office.
2012-49 County Farmland Protection BoardA County Farmland Protection Board may solicit because enabling legislation express authorizes. Limitations apply.
2013-16 Solid Waste AuthorityA SWA 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.
2013-40 Appointed Member of a Statewide Task ForceA Statewide Task force is authorized to solicit funds from business community and foundations on two grounds: an overriding significant public benefit to education of children of West Virginia, and an Executive Order expressly authorizes fundraising. Limitations apply: See Legislative Rule
(See 158 CSR § 7.7) and Advisory Opinion
2012-49.
2013-46 Municipal Officials and EmployeesCity officials may not solicit donations of gift certificates from local restaurants to present as gifts to private citizen volunteers due to lack of overriding public benefit.
2013-49 Municipal Police Department A 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.
2014-01 County Economic Development Authority
An EDA may solicit and spend funds to underwrite its “County Day at the Legislature,” including expenditures for lunch, transportation, and costs associated with a reception because its enabling legislation authorizes such solicitation.
2014-03 County Hospital
A County Hospital may solicit donations from community businesses, individuals, and other organizations for hospital project to further its mission to protect the health and safety of the public citizens.
2014-07 Municipality, members of governing body
A municipality 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.
2014-16 City Hospital
A City Hospital may permit employees to raise funds for coworkers experiencing financial hardship as this activity serves a charitable purpose, with limitations. City Hospital may permit employees to sell commercial products, with limitations. Employees may also sell items for fundraising items, 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
A State Agency may award a $100 prize through the use of a drawing of persons who have reported phishing e-mails. 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 State Cabinet Secretary
A 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 agency may solicit donations on behalf of the state fallen firefighter memorial fund, 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
A County Commission may sell 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
A Town may solicit another public agency (the neighboring County’s Sheriff’s Department) for retired police cruisers.
2019-19 County Commission
A 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.
2019-26 A State Agency
A State agency may 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. Fundraising is not prohibited by the Ethics Act.
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
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.
2021-09 Chief of Police
The City’s Police Officers may not keep gift cards, valued over $25, given to them by a citizen as an appreciation gift for their service. The Police Department may keep the gift cards if they are used for a public purpose.
2021-17 A City
City employees, including part-time and seasonal employees, were prohibited from accepting tips over $25 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.
2022-10 County Assessor
An Assessor's compensation for work was not an honorarium because he entered into a legally binding contract for payment for work as an independent contractor. The instructors must apply for the work through a rigorous application process and teach a course to receive the money. The payment represents the full value of his services.
Public Park employees may accept gifts valued at over $25 per calendar year from the Park’s Foundation because it is not an interested person of the Public Park for purposes of the gift restrictions.
2023-02
Housing Authority Executive Director An executive director of a housing authority may accept a stipend from a bank for serving on an advisory council when the housing authority is not doing business with the bank. The executive director must take annual leave to avoid double dipping.
2023-07 County School Superintendent A County School Superintendent may accept payment from a private company that manufactures school buses for food, lodging, and travel expenses that are reasonable and related to his service as a panel member at the company’s conference.
2023-10 City
City officials may solicit donations for the City’s free, outdoor concert series held in its amphitheater via GoFundMe or similar crowdsourced funding. The officials must follow the manner of solicitation limitations found in W. Va. Code R. §§ 158-7-6 and 7 and should seek advice from its accountant or the Auditor’