Who must file a Disclosure?
The Ethics Act at W. Va. Code § 6B-2-6 requires the following officials, public employees, and candidates to file a Financial Disclosure Statement (FDS) annually with the Ethics Commission:
- All elected state and county officials, members of county boards of education, and all county school board superintendents.
- Candidates for all elected state and county offices must file within 10 days of filing their Certificates of Announcement with the Secretary of State’s office. Those who are elected must then file annually.
- Members of state boards, commissions, and agencies who are appointed by the Governor must file within 30 days after assuming their duties. They must then file annually during the time they serve in an appointed position.
- State Executive Branch cabinet secretaries, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads, and assistant department heads are also required to file annually.
- Elected officials and candidates in Charleston, Fairmont, and Morgantown municipal elections.
Who does not need to file?
- Candidates who have filed an FDS based upon their current public position do not need to file another FDS as a result of being a candidate for that or another position.
- If you are not a candidate or are no longer in a public position or elected office which is required to file an FDS on or before February 1, you do not need to file for the prior calendar year. Please inform the Ethics Commission so that your name is removed from the FDS database.
- Political party executive committee candidates and delegates to party conventions do not need to file.
Why must I file a Disclosure?
The Ethics Act contains provisions requiring certain public officials and employees to file Financial Disclosure Statements. Each question on the FDS is specifically required by the Act.
What if I do not file a Disclosure?
The Ethics Act provides that any person who willfully and knowingly files a false financial statement or knowingly and willfully conceals a material fact in filing the statement is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000, or confined in jail not more than one year, or both. Additionally, any person who knowingly fails or refuses to file a financial statement is guilty of a misdemeanor and, upon conviction, shall be fined not less than $100 nor more than $1,000. W. Va. Code § 6B-2-10(b) and (c).
In addition, the Ethics Act provides that no candidate for public office may maintain his or her place on a ballot and no public official may take the oath of office or enter or continue upon his or her duties or receive compensation from public funds unless he or she has filed a financial disclosure statement with the state Ethics Commission. W. Va. Code § 6B-2-6(c).
Are completed Disclosures available to the public?
Yes. All Disclosures, except for the cover page entitled “Contact Information & Signature Sheet,” are available to the public. In addition, Disclosures filed by some officials are posted on the Ethics Commission’s website. Those include Disclosures filed by members of the Legislature, Justices of the Supreme Court, elected members of the Executive Department and candidates for all of these positions.
What rules apply to part-time members of boards or commissions who are Governor-appointed?
If a person appointed to a board or commission receives no compensation pursuant to statute (other than expense reimbursement), that person need not disclose: (1) the spouse’s sources of income over $1,000 or (2) the spouse’s business interests valued at $10,000 or more, provided that the spouse or a business with which he/she is associated is not regulated by the board, has no contracts with the board, and receives no grants or appropriations from the board. The filer must sign a statement verifying these facts on Worksheet A on the Financial Disclosure Statement.
The filer’s income and business information must still be provided even if his/her spouse need not disclose this information.
Do employees of the Legislative branch need to file?
No.
I am a State employee, and my job title has the word “director” in it. Must I file?
Yes. The following must file a Disclosure: “[State executive department] secretaries of departments, commissioners, deputy commissioners, assistant commissioners, directors, deputy directors, assistant directors, department heads, deputy department heads and assistant department heads.” See W. Va. Code § 6B-2-6(a)(3); Advisory Opinion 2014-13 (holding that “it is clear from a plain reading of § 6B-2-6(a)(3) that public servants holding the title of ‘director’ are covered by this statutory requirement”); Advisory Opinion 2017-06 (finding that positions listed in W. Va. Code § 6B-2-6(a)(3) describe positions falling under the executive branch of state government).
I am a State employee and have two titles: a civil service classification (i.e., Director I) and a working title (i.e., Supervisor of Maintenance). Do I file?
Yes. Since one of your titles contains the word “director,” you are required to file.
Are there any advisory opinions relating to financial disclosure statements?
Yes. Advisory opinions relating to FDSs.
How do I file online?
You are encouraged to file online. Go to ethics.wv.gov. If you have filed online previously, you may use the username and password that you used earlier. If your password has expired, you will be prompted to create a new one. If you have forgotten your password, you may use the “forgot password” feature to receive a temporary password via email. If you have forgotten your username or are unable to reset your password, you may call Tyler Technologies at (304) 414-0265 for assistance.
If you have not previously filed online, go to ethics.wv.gov under “Financial Disclosure,” then to “Online Financial Disclosure Filing.” You must create your own username and password. After doing so, call the Ethics Commission at (304) 558-0664 to get a PIN number.
If I file online, do I need to print my Disclosure and send it to the ethics Commission?
No.
I am filing online and i cannot proceed to the next screen, what do I do?
Press the ADD button to continue to the next screen.
If I discover that I failed to report something, may I amend my Disclosure?
Yes. If you filed online, you may amend your form by selecting on the “amend” button. This feature is available up to one year after your annual filing. If you submitted a paper FDS, you may send a complete amended Disclosure as an attachment to an email to the Commission. You also may mail your amended complete FDS to the Commission via U.S. Mail.
May I fax the form to you?
No. Completed Financial Disclosures may be hand delivered or sent through the U.S. Mail. Disclosures also may be emailed to the Ethics Commission at rachel.y.carpenter@wv.gov. Please sign your form in blue ink and attach it to the email. The Commission does not accept emailed Disclosures which attach photographs of a Disclosure.
I filed an FDS because I was a candidate for an elected office. I won the election. Do I need to file another FDS in the same year?
No. Only one FDS per year needs to be filed.
The Governor appointed me to serve on a board. What do I need to do for the Ethics Commission?
You must complete a Financial Disclosure Statement and return it to the Ethics Commission within 30 days of being appointed. You must then file a new FDS by February 1 each year for as long as you are in your public service position.
In May, the Governor appointed me to a board, and I filed an FDS. In August, the Governor appointed me to an additional Board. Do I have to complete another FDS for this second appointment?
No. You need to file only one Disclosure each year. Include the names of both boards on your next Disclosure.
I resigned my position on a state board last year. Do I still have to file a Disclosure?
No. You do not need to file a Disclosure unless you serve in a different position which must file a Disclosure. You must notify the Ethics Commission with a brief statement explaining that you no longer serve in the position. The Commission will then remove your name from its database.
I forgot my PIN number to file online; who do I contact?
Call the Ethics Commission at (304) 558-0664.
I forgot my username and password; who do I contact?
Call Tyler Technologies at (304) 414-0265.
For what year do I provide information on my Financial Disclosure?
You must report information for the preceding calendar year, unless otherwise specified on the FDS. For example: On the FDS which you file in 2023, you must report employment, contracts, and other information for calendar year 2022, unless otherwise specified on the FDS.
Some questions seem to ask for similar information. Do I have to list the same information other places on the Disclosure?
Yes. Certain information may have to be listed several times to comply with the requirements which the West Virginia Legislature placed in the Ethics Act.
I own a new retail business but did not make any money during the reporting year. Do I still need to list it?
Yes. Your business name and address must be listed in question 4. In addition, if your business has a fair market value of at least $10,000, you must also list it in question 14.
I do contract work and receive IRS 1099 forms. How do I record this information?
If you earned more than $1,000 from your contract work, list it in question 13. If the income was from a contract with a state, county, municipal or other local governmental entity, then you must also list it in question 9.
Why does Question 9 require information about “Sales or Contracts with State, Local or County Government”?
The Ethics Act prohibits elected public officials and full-time public employees, whether appointed or employed, from having a financial interest in any contract, purchase or sale over which their public position gives them control, unless the total value of such contracts, purchases or sales does not exceed $1,000 in a calendar year. The public official still may not be involved in influencing the award of a contract not exceeding $1,000 in a calendar year. This $1,000 exception may not be relied upon by county officials who are governed by the stricter limitations in W. Va. Code § 61-10-15, which is not part of the Ethics Act.
The Ethics Act prohibition also extends to contracts in which the public servant’s spouse, dependent parents, or dependent children have a financial interest, as well as to any business with which the public servant or his or her immediate family members are associated.
For purposes of this prohibition, public servants and their immediate family members are “associated with a business” if any one of them is a director or officer in the business, or if they hold stock in the business which constitutes 5% or more of the outstanding stock of any class. This provision applies only to: (1) those contracts your job gives you authority to award or control, and (2) those purchases and sales you are authorized to make or direct others to make.
Part-time appointed officials (except those county officials covered by W. Va. Code § 61-10-15) are not subject to the prohibition, provided they recuse themselves from considering and acting on such matters consistent with the voting provisions of the Ethics Act.