Following is a list of exemptions from the prohibitions regarding contracts which have been granted by the Ethics Commission since 2007. The exemptions may be viewed by clicking on the "CE" number.
CE 2020-01 Town of Fairview
The Ethics Commission granted an exemption to the Town of Fairview to contract with Council member Don Pyles and Johnny Knotts to perform work for the Water Department and Street Department, respectively, at the rate of $8.75 per hour in an amount not to exceed $2,000 each in the 2020 calendar year. The Town advertised both positions and received no applications.
CE 2020-02 Town of Fairview
The Ethics Commission granted an exemption to the Town of Fairview authorizing it to continue temporarily leasing a building from Council member Johnny Knotts pursuant to the terms of the current lease ($300 per month with the Town paying for utilities, insurance, taxes and maintenance). The Town may not make any capital improvements to the leased building. The Contract Exemption is effective until January 15, 2021.
CE 2020-03 City of Bridgeport
The Ethics Commission granted an exemption to the Bridgeport Development Authority to sell real property to a company in which the Mayor had a 50 percent membership interest. The Development Authority advertised it was accepting bids for the property and received no bids other than the bid from the Mayor’s company. The Mayor additionally had recused himself from any decisions regarding the property.
CE 2020-04 Town of Reedsville
The Ethics Commission granted an exemption to the Town of Reedsville to contract with its Mayor’s company for a tree trimming project.
CE 2020-05 Pleasants County Development Authority
The Ethics Commission granted an exemption to the Pleasants County Development Authority to lease space at a business park to a candy manufacturing business owned by Mike Smith, a Pleasants County Commissioner. The Development Authority and Commissioner Smith must comply with the limitations in the Exemption.
CE 2020-07 Clay County Solid Waste Authority
The Ethics Commission granted an exemption to the Clay County Solid Waste Authority to purchase property located at 104 Main Street, Clay, West Virginia, for $38,000 from Gregory Fitzwater, a Clay County Commissioner. The Authority had been searching for office space for at least 15 years and could not find other suitable, affordable office space. Further, it has been occupying space that is unsuitable for its needs and a health risk to the Board members, its employees, and the public. The Commission found that prohibiting the SWA from purchasing the property would result in undue hardship or other substantial interference with its operations.
CE 2020-08 Clay County Commission
The Ethics Commission granted the Clay County Commission an exemption to allow it to contract with King’s Trucking & Wrecker Services, a business owned by Fran King, a Clay County Commissioner, in an amount not to exceed $3,500 from November 7, 2020, through November 7, 2021, to tow County ambulances and other emergency vehicles when King’s is the closest towing service to the wreck. The Commission found that Clay County would incur increased costs and additional wait times up to an hour if it is unable to use King's for wrecker services in Clay County for County emergency vehicles.
CE 2019-01 Wyoming County Health Department
The Ethics Commission granted an exemption to the Wyoming County Health Department authorizing it to continue contracting with Family Healthcare Associates Inc. for medical services for its women’s health program for a period not to exceed three years.
CE 2019-02 Town of Danville
The Town of Danville was granted an exemption to continue to contract with Byrnside Hardware and Barker Hardware, which are owned by a Town Council member and Town Recorder, respectively, for purchases in an amount not to exceed $2,000 for a period beginning on the day the Town expends the original $4,000 granted to it in Contract Exemption 2018-07 and ending on November 1, 2019.
CE 2019-03 Sheriff of Hardy County
Granted an exemption to the Sheriff authorizing his office to contract with TJM Enterprises, LLC, a business owned by one of his deputies, to install equipment on two new police vehicles in an amount not to exceed the $3,500 bid amount.
CE 2019-04 Clay County Commission
Granted exemption authorizing the County Commission to continue contracting with King's Wrecker Service for one year to tow ambulances or emergency vehicles. King's is owned by a County Commissioner. The total amount for services received from King's may not exceed $3,000 during the one-year period. Commission must also seek reimbursement from King's for $570 for the payment it made that was not exempt from the prohibition in W. Va. Code § 61-10-15 due to non-compliance with the limitations in CE 2018-06.
CE 2018-01 Mineral County Ambulance Authority
Granted an exemption authorizing the Ambulance Authority to contract with Valley Medical Transport, Inc., who employs four Ambulance Authority board members, for a period not to exceed five years. The four Authority board members employed by Valley Medical Transport, Inc. may not be involved in any vote or deliberations by the Ambulance Authority regarding any contracts with Valley Regional Medical Transport, Inc.
CE 2018-02 West Virginia Tourism Office
Granted the West Virginia Tourism Office a Contract Exemption to allow it to include The Greenbrier in West Virginia’s Cooperative Advertising Program.
CE 2018-03 Kanawha County Commission
Granted an exemption to continue purchasing publication services and daily newspaper subscriptions from Charleston Newspapers in which Commissioner Ben Salango has an ownership interest of less than five percent. Commissioner Salango must, however, recuse himself from decisions and votes relating to the County’s contracts with Charleston Newspapers.
CE 2018-04 Wyoming County Health Department
Granted an exemption authorizing the Department to continue contracting with Family Healthcare Associates Inc. for a contract period not to exceed six months.
CE 2018-06 Clay County Commission
Granted another exemption authorizing the County Commission to continue contracting with King’s Wrecker Service for one year. The total amount for services received from King’s may not exceed $2,000 during the one year period.
CE 2018-07 Town of Danville
Granted an exemption to allow the Town of Danville to make purchases from Byrnside Hardware and Barker Hardware, which are owned by a Town Council member and the Town Recorder, respectively, in an amount not to exceed $4,000 through November 1, 2019.
CE 2017-01 Clay County Commission
Granted an exemption authorizing the County Commission to continue contracting with King’s Wrecker Service for a contract period not to exceed one year.
CE 2017-02 Putnam Public Service District
Granted an exemption authorizing it to continue purchasing concrete replacement parts for manholes and wet-wells from Foster Supply in an amount not to exceed $5,000 per fiscal year, and to make other purchases in emergency situations in an amount not to exceed $1,000 per fiscal year. The exemption expires on June 30, 2019.
CE 2017-04 Development Office and Tourism Office
Development Office granted exemption, in an amount not to exceed $5,000, for the cost of registration for its staff to attend the 2017 Business Summit of the WV Chamber of Commerce at The Greenbrier. Blanket exemption for both entities to attend similar events at The Greenbrier in the future is denied.
CE 2017-05 Town of Reedsville
Granted exemption to contract with its Mayor’s excavation and repair company for a street crowning and ditching project.
CE 2017-06 Town of Fairview
Granted an exemption authorizing the Town to continue contracting on a temporary basis with its Mayor and a Council Member to work at the water plant and perform general maintenance through December 31, 2017. The payments from the Town to the Mayor and Council Member for the work may not exceed $3,500 and $3,000, respectively.
CE 2017-07 Hardy County Sheriff
Denied Sheriff’s request for an exemption to purchase emergency lighting equipment for the Sheriff’s Department’s law enforcement vehicles from a deputy sheriff.
CE 2017-08 Hancock County Commission
Denied request for an exemption to allow its Sheriff’s Department to use a car wash business owned by a county commissioner.
CE 2016-01 City of Cameron
Granted exemption to allow the City of Cameron to make incidental purchases from Cameron Hardware, which is owned by its Mayor, in an amount not to exceed $2,500 in a calendar year.
CE 2016-02 Wyoming County Health Department
Granted an exemption authorizing the Department to continue contracting with Family Healthcare Associates, Inc. for a contract period not to exceed two years. The Board of Health’s Chairperson and its Health Officer may not be involved in decisions affecting the contract.
CE 2016-03 City of Belington
Not required to seek an exemption where neither the City nor the Mayor exercises authority and control over tow requests made pursuant to the County Emergency Communications Standard Operating Procedures Manual. The City is also not required to seek an exemption when it does not spend more than $1,000 annually at the Mayor’s wrecker service.
CE 2016-04 Town of Rowlesburg
Granted an exemption allowing its Mayor to make an unsecured, interest-free loan to the Town to pay an outstanding bill for required updates to the Town’s sewer and storm water system.
CE 2016-05 Sheriff of Hardy County
Granted an exemption authorizing Sheriff to purchase two emergency lighting equipment units from a Deputy for cruisers. Deputy’s business may not be paid to service the units. CE was necessary as the Deputy exercised influence and control over decisions regarding the purchase of lighting units. There is insufficient information to consider Sheriff’s request for an exemption to make purchases from other businesses owned by Deputy.
CE 2015-01 West Virginia School of Osteopathic Medicine
Granted exemption to West Virginia School of Osteopathic Medicine for purchase of real property from school President, with limitations.
CE 2015-02 Brooks McCabe, Commissioner with the Public Service Commission of West Virginia.
Denied exemption to allow Public Service Commissioner to lease property, through his firm, with entities upon whom he has taken, or may take, regulatory action.
CE 2015-03 Little Kanawha Conservation District
Granted an exemption allowing Calhoun County Conservation District Supervisor Roger Collins to provide private lime delivery services to farmers within the Little Kanawha Conservation District.
CE 2014-01 Webster County Commission
Denied an exemption allowing a County Commission to continue to rent office space from the County Prosecutor to house the Office of the Prosecuting Attorney.
CE 2014-02 Wyoming County Health Department
Granted an exemption allowing a health department to enter into a contract with a physicians group providing that the Board of Health Chairperson, due to her involvement with the physicians group, recuse herself from deliberation and voting on matters related to that physicians group.
CE 2014-03 City of Cameron
Granted the City of Cameron an exemption to allow the City to contract with the Mayor's spouse to provide emergency repairs at the City's Water Plant.
CE 2014-04 City of Cameron
Denied the City of Cameron an exemption to allow the City to contract with the Mayor's spouse to provide repairs at the Cameron Events Center.
CE 2013-01 New River Community and Technical College
Granted exemption allowing its Vice President, who participated in applying for grant awarded by United States Department of Labor, to administer grant, contingent upon Vice President first stepping down from his current position.
CE 2013-02 WV State Police
Granted exemption to WV State Police to award a contract to Richard Reed to purchase patrol rifles from WV Law Enforcement Distributors, Inc.
CE 2013-03 The Raleigh County Commission
Granted an exemption to award a contract to a cleaning company owned by County employees Mary Sizemore and Dennis Sizemore.
CE 2013-04 The West Virginia Conservation Agency
Denied blanket exemption to allow Elected Members of Conservation Districts to participate in cost-share programs the Districts offer. Each exemption request must be addressed on a case by case basis.
CE 2013-05 The Town of Monongah
Denied exemption to allow Town to continue employing its Mayor to operate and supervise the Town’s Water Plant, but granted 90 day transition period to comply. Town should advertise position in newspapers of wide circulation throughout the region.
CE 2013-06 Little Kanawha Conservation District
Granted an exemption to allow Calhoun County Conservation Supervisor Roger Collins to offer private delivery services for a cost-share program that the District offers.
CE 2013-07 City of Cameron
Granted the City of Cameron an exemption to allow the City to contract with the Mayor's spouse to provide emergency repairs at the City's Water Plant.
CE 2012-01 Webster County Commission
Granted another exemption permitting County Commission to pay utilities and nominal rent to Prosecuting Attorney whose building is used as Prosecutor's office during construction of a new building. (see also CE 2008-10)
CE 2012-02 Town of Handley
Granted third exemption authorizing continued employment of Mayor as Police Chief where Mayor receives $100 monthly salary and an additional $250 monthly to serve as Chief of Police until August 5, 2014 so long as: (1) the Mayor does not serve as Municipal Judge; and (2) the Mayor only uses the police cruiser for official business even if on duty 24/7(this limitation and all limitations from prior exemptions are incorporated by reference).
CE 2012-03 City of Sistersville
Granted exemption to allow City to purchase property at a price not to exceed $8000 upon proof that prohibiting it from buying the subject property from Mayor will result in excessive cost, undue hardship and other substantial interference with governmental operations as there does not appear to be other suitable property available for this purpose.
CE 2012-04 Brooke County Commission
Granted exemption to enter into a lease for office space with County Prosecuting Attorney when: no space is available in County Courthouse; no cost-efficient space is available near Courthouse; proposed space to be leased has functioned as County Prosecutor's Office for past fifteen years; County Commission may terminate lease upon thirty days written notice without cause should other space become available; and, proposed rent is fair considering area market values.
CE 2012-05 Town of Fairview
Granted one-year exemption to contract with Town Council Member to perform odd jobs for Town when the Council Member performs these services at a low hourly rate; council Member has not received a windfall by virtue of his work for town; reliable workers are hard to find; and there is not enough work to justify adding an employee to the payroll.
CE 2012-06 Town of Junior
• Granted contract exemption to allow its Mayor to be compensated as a temporary employee in emergency situations until January 15, 2014 subject to conditions.
• Mayor may be compensated only for emergency fill-in work.
• Mayor may be compensated at minimum wage, and total annual compensation may not exceed $5,000.
• If future vacancy and/or staffing shortage, Town must take demonstrable steps to hire replacement employee.
• Mayor shall submit in writing to Town Council for approval an itemization of hours and specific services rendered.
• Mayor must recuse himself from participating in discussion and decision-making relating to approval of his compensation
CE 2011-01 Wetzel County Commission
Granted a contract exemption to allow it to continue an agreement whereby the part-time County Prosecutor will provide office space, internet services, a receptionist, and other administrative services at no cost to the County; and in return, the Prosecutor will be allowed to use the County-owned copier without payment to the County.
CE 2011-02 Guyan Conservation District
Granted a contract exemption, effective until October 6, 2013, to allow it to continue to use Putnam County Bank as the depository for two certificates of deposit even though one of its elected Board Members, Boyd Meadows, serves on the bank's Board of Directors, and is a stockholder therein, under following conditions:
1. Member Meadows must recuse himself from all bank related matters; and
2. This exemption is strictly limited to the referenced certificates of deposit.
CE 2011-03 Webster County Commission
Denied a three-year exemption as requested because County Commission failed to provide any information about the availability of other existing office space or any proof of excessive cost, undue hardship, or other substantial interference with governmental operations.
Granted a renewed temporary exemption to allow the County Commission adequate time to find new office space or, in the alternative, if its diligent search for other appropriate office space is unsuccessful, to submit a new exemption request to allow it to continue to rent office space from the County Prosecutor to house the Prosecuting Attorney's office.
CE 2011-04 Town of Ridgeley
Granted temporary exemption to allow the Mayor's wife to be compensated for performing services for the Town on a temporary basis.
CE 2010-01 Town of Wayne - temporary exemption
Granted a four-month extension to a previously granted exemption allowing the Town to lease building owned by Mayor in order to satisfy full duration of lease term
CE 2010-02 City of Hurricane
Denied renewing exemption allowing the City to continue contracting with business owned by Mayor to service its phone system and website server.
CE 2010-03 Village of Beech Bottom
Denied an exemption for Mayor in a Mayor-Council municipality to be compensated for performing services for the Village in addition to his established salary
CE 2010-04 Town of Wayne
Granted a one-year exemption, with limitations, for the Town to continue leasing building owned by Mayor.
CE 2010-05 Randolph County Board of Education
Denied exemption to continue making purchases from a Wal-Mart store where newly elected member David Kesling is employed as the store manager and owns shares of stock therein; granted a limited exemption to the Board of Education, and its member schools, to purchase supplies and items from any other Wal-Mart store, including on-line purchases.
CE 2010-05 Supplemental, Randolph County Board of Education
Upon proof that newly elected member David Kesling, who is employed as the store manager of a local Wal-Mart store, divested himself of his shares of stock in Wal-Mart and took measures to ensure that he receives no bonus from sales to Randolph county BOE or its schools; granted an exemption to the BOE, and its member schools, to purchase supplies and items from any Wal-Mart store, including on-line purchases.
CE 2010-06 Town of Handley
Granted exemption authorizing continued employment of Mayor as Police Chief where Mayor receives $100 monthly salary and an additional $250 monthly to serve as Chief of Police until August 5, 2012 so long as: (1) the Town adopts a resolution giving it, rather than the Mayor, direct oversight and supervision of the Town Police Chief, and allowing citizens direct access to Town Council regarding police matters that may arise; (2) the Mayor only uses the police cruiser for official business even if on duty 24/7; (3) the town pursues any and all sources of outside funding to finance a Police Chief Position; (4) the Town advertises for the position of Police Chief for not less than one month in newspapers and other media that reach the entire State of West Virginia; (5) the Mayor recuses himself from participation in advertising, interviewing, and selecting candidates for the position. At the expiration of this exemption the Town may only seek to have the exemption renewed if it first makes a good faith effort to hire a Police Chief.
CE 2010-07 Hancock County Board of Education
Granted exemption to allow it to purchase property from Assistant Prosecuting Attorney William Fahey so long as he continues to recuse himself from all matters relating to the subject transaction.
CE 2009-01 Town of Mabscott
Denied an exemption for Mayor in Strong-Mayor municipality to also be employed by the Town as Police Chief, Head of the Street Department, and/or Assistant Fire Chief.
CE 2009-03 Raleigh County Solid Waste Authority
Denied an exemption to purchase equipment, or other items from a hardware store owned by a member of the Authority. However, granted a limited exemption for the purchase of incidental Stihl parts and accessories (for currently owned Stihl products) and for the servicing and repair of existing Stihl equipment, that are otherwise not available in Raleigh County.
CE 2009-04 Monroe Health Center
Denied an exemption for county public agency to purchase food for recognition lunches from local grocery store owned by elected county commissioner. However, granted a limited exemption to purchase distilled water in an amount not to exceed $500.00 due to the lack of available local retailers.
CE 2009-05 Gilmer County Commission
Granted a limited exemption to purchase specific name-brand replacement parts and accessories for currently owned lawn and garden power equipment, and to obtain service and repair of the existing name-brand authorized dealer equipment from a store owned by a member of the County Commission, with the following conditions: (1) the exemption shall only be for the purchase and servicing of parts that are not otherwise available at another store or dealer within a 20 mile radius of Glenville, W.Va., and (2) the County’s purchases of goods and services from the store shall not exceed a total of $900 in a calendar year.
CE 2009-07 Cabell County Board of Education
Denied an exemption to continue contracting with a business owned by a high school assistant principal to provide an after-school driver’s education program to students in the county school system. However, granted a short-term exemption, with conditions, to allow completion of existing classes.
CE 2008-01 Kenova City Council
Denied an exemption, except in emergency circumstances, to purchase products and services from a hardware store in which council member is the store manager, owns 20% stock, and is the treasurer.
CE 2008-03 City of Hurricane
Granted a two-year exemption allowing the City to continue contracting with business owned by Mayor to maintain and operate phone system, website and e-mail system.
CE 2008-04 & 2008-05 Belington City Council
Granted limited exemptions to obtain vehicle maintenance from businesses owned by multiple Council members
CE 2008-06 Belington City Council
Granted limited exemption to purchase plumbing and hardware items costing $100 or less from business owned by Council Member
CE 2008-08 Town of Rhodell
Granted temporary exemption allowing Mayor to be employed as contract operator of Town’s Class I water system
CE 2008-09 Webster County Commission
Granted exemption allowing County Commission to pay utilities for office building owned by County Prosecuting Attorney and occupied as his public office
CE 2008-10 Webster County Commission
Granted exemption permitting County Commission to pay utilities and nominal rent to Prosecuting Attorney whose building is used as Prosecutor’s office
CE 2008-11 City of Bridgeport
Granted exemption authorizing City to purchase property from corporation owned by Council Member to facilitate public library expansion project
CE 2008-12 Wellsburg City Council
Denied an exemption to purchase a used utility trailer from a council member despite potential savings to City of $150.00
CE 2008-13 Town of Handley
Granted exemption authorizing continued employment of Mayor as Police Chief where Mayor receives $100 monthly salary and an additional $250 monthly to serve as Chief of Police until July 1, 2010 so long as the Town adopts a resolution giving it, rather than the Mayor, direct oversight and supervision of the Town Police Chief, and allowing citizens direct access to Town council regarding police matters that may arise.
CE 2008-14 Weirton City Council
Denied an exemption, except in emergency circumstances, to purchase products and services from a hardware store owned by an elected Council member. Requestor failed to demonstrate that purchasing goods at nearby store in Ohio created undue hardship, excessive cost, or substantial interference with. governmental operations.
CE 2007-01 Jackson County Commission
Granted an exemption allowing Commissioner to continue renting apartment to tenant who receives HUD assistance from the County Housing Authority
CE 2007-02 Buckhannon City Council
Denied an exemption to purchase furniture for new fire station from business owned by council member despite potential savings to City of $505.00
CE 2007-03 Hancock County Commission
Denied an exemption to enter into a 99-year lease agreement with a County Commissioner to place a new county emergency radio tower on land owned by the Commissioner.
CE 2007-04 Ripley City Council
Granted exemption to purchase parts, accessories and services from hardware store owned by Council Member in order to maintain brand name (Stihl) tools previously purchased by City
CE 2007-05 Rowlesburg Town Council
Granted exemption allowing Mayor to make $2000 unsecured, interest-free loan to Town to complete funding to demolish abandoned building posing a health hazard