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 Property Exemptions

​​West Virginia Code § ​6B-2-5(h) reads in relevant part: 

(1) No full-time official or full-time public employee may seek…to purchase, sell or lease real or personal property to or from any person who:         
(A) Had a matter on which he or she took, or a subordinate is known to have taken, regulatory action within the preceding 12 months; or
(B) Has a matter before the agency on which he or she is working or a subordinate is known by him or her to be working.
C) Is a vendor to the agency where the official serves or public employee is employed and the official or public employee, or a subordinate of the official or public employee, exercises authority or control over a public contract with such vendor, including, but not limited to:
               (i)   Drafting bid specifications or requests for proposals;
               (ii)  Recommending selection of the vendor;
               (iii) Conducting inspections or investigations; 
               (iv) Approving the method or manner of payment to the vendor;
               (v)  Providing legal or technical guidance on the formation, implementation or  
                     execution of the contract; or 
             ​  (vi) Taking other nonministerial action which may affect the financial interests of
                      ​the vendor.
                                          . . . . . . 
(3)  A full-time public official or full-time public employee who would be adversely affected by the provisions of this subsection may apply to the Ethics Commission for an exemption from the prohibition...

Following is a list of exemptions from the prohibitions regarding real and personal property which have been granted by the Ethics Commission since 2010. The exemptions may be viewed by clicking on the "PE" number.


PE 2018-01  David Nohe, Wood County Assessor​
Granted an exemption to sell four pieces of property in Wood County subject to the limitations set forth in the Exemption, including the requirement that within 30 days of the completion of a sale, he must provide written notification of the sale to the Executive Director of the Ethics Commission.

PE 2017-01  Jeff S. Sandy, Cabinet Secretary, Department of Military Affairs and Public Safety
​Jeff S. Sandy is granted permission to lease a vehicle to Perry & Associates in accordance with the terms of the lease agreement and subject to the limitations imposed by the Exemption. The Exemption also authorizes him to sell the vehicle to the lessee in accordance with the terms of the agreement.

PE 2012-01  Michael E. Scragg, Chief Investigator, Office of the Chief Medical Examiner
Mr. Scragg is granted an exemption to continue to lease a home from an agency vendor. All decisions relating to this vendor must be made by the Chief Medical Examiner or his designee, who may not be Mr. Scragg's subordinate.  Mr. Scragg must provide a copy of the Exemption to the Chief Medical Examiner.

PE 2010-01​  Robert Whipp, District Engineer, ​Division of Highways
Mr. Whipp is granted an exemption to allow him to sell the mineral rights to Chesapeake property provided he follows the conditions set out in Property Exemption 2010-01.