The Ethics Commission issues formal advisory opinions that respond to questions about the Ethics Act. Since its creation in 1989, the Ethics Commission has issued hundreds of advisory opinions. Advisory opinions about the Ethics Act that were issued since 2005 may be viewed here (see the links below). Older opinions are available upon request.
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. 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.
Only persons subject to the relevant statute may request an advisory opinion on whether an action or proposed action violates one of these statutes. The identity of the requester will not be disclosed in the advisory opinion.
How to Request an Opinion
Requests must be submitted in writing to: West Virginia Ethics Commission, 210 Brooks Street, Suite 300, Charleston, WV 25301, or by email to firstname.lastname@example.org
. The request must contain a complete statement of the facts, including the Requester’s name, address, email, phone number, and official public position.
Prior Advisory Opinions
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 Advisory Opinions:
To view Property Exemptions, click here: Property Exemptions
To view Contract Exemptions, click here: Contract 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.