Contract Exemptions (CE)
The Ethics Act prohibits public officials and public employees from having a financial interest in certain contracts, purchases, or sales over which their public position gives them control. The Commission has authority to grant a governmental entity an exemption from the Act’s contract provisions.
Employment Exemptions (EE)
The Ethics Act prohibits full-time public servants from seeking or accepting employment from persons or businesses that they or their subordinates have taken regulatory action on in the preceding 12 months or from persons or businesses that they or their subordinate have a matter on which they are working. The Act also prohibits full-time public servants from seeking or accepting employment from vendors if the public servant, or his or her subordinates, exercise authority or control over a public contract with that vendor. It does not apply to members of the Legislature. Public servants may request an exemption from the Ethics Commission to seek employment with vendors or regulated persons.
Property Exemptions (PE)
A full-time public official or full-time public employee who would be adversely affected by the Ethics Act’s prohibitions against purchasing, selling or leasing real or personal property to certain persons or entities may apply to the Ethics Commission for an exemption from the prohibition.
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...
How to Request a contract/property Exemption or Informal Ethics Advice
Requests for a written exemption 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, e-mail, 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 exemptions 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.