Advisory Opinions
The Ethics Commission issues formal advisory opinions which respond to questions relating to "whether an action or proposed action" by the person requesting the opinion violates the West Virginia Governmental Ethics Act or W. Va. Code § 61-10-15 (relating to county employees’ interests in contracts).
Only persons subject to the Ethics Act (or to W. Va. Code § 61-10-15 or to the Open Governmental Meetings Act) may make a request for an advisory opinion on whether an action or proposed action violates one of these statutes. Advisory opinions are made public, but the identity of the requester is confidential and will not be disclosed in the advisory opinion.
The Commission also issues opinions about W. Va. Code § 61-10-15 (relating to county officials’ prohibited interests in contracts) and W. Va. Code § 18-5-1a (relating to eligibility to serve on county boards of education and whether BOE members may hold certain other public positions). These opinions are also on our website at the links below.
In addition, two of the Commission’s Committees are authorized to issue advisory opinions. The Committee on Open Governmental Meetings issues advisory opinions which interpret the Open Governmental Meetings Act. For information on obtaining Open Meetings Advisory Opinions, click here. The Committee on Standards of Conduct for State Administrative Law Judges issues opinions regarding the Code of Conduct for state ALJs. These opinions are also on our website at the links below.
How to Request an Opinion or Informal Ethics Advice
Requests for a written opinion must be submitted in writing to: West Virginia Ethics Commission, 210 Brooks Street, Suite 300, Charleston, WV 25301, or by email to ethics@wv.gov. The request must contain a complete statement of the facts, including the Requester’s name, address, email, phone number, and official public position.
The Commission will not respond to requests for written opinions on the propriety of someone else’s conduct.
Requests for Advisory Opinions are addressed during regularly scheduled public meetings of the Ethics Commission.
The Commission’s legal staff provides informal advice on the meaning and application of the Ethics Act. Anyone may contact the Ethics Commission at ethics@wv.gov or by calling (304)558-0664 or toll free at 1(866)558-0664 to obtain confidential advice.
Prior Advisory Opinions and Exemptions
Since its creation in 1989, the Ethics Commission has issued hundreds of advisory opinions.Pursuant to W. Va. Code § 6B-2-3, advisory opinions may be relied upon in good faith unless they are amended or revoked by the Ethics Commission.
To view prior Opinions and Exemptions, click:
Property Exemptions
Reliance on Advisory Opinions
A person subject to the Ethics Act who acts in good faith reliance on an advisory opinion shall be immune from the sanctions of the Ethics Act and of the sanctions set forth in W. Va. Code § 61-10-15. Such persons also shall have an absolute defense to any criminal prosecution for actions taken in good faith reliance upon any such opinion.