All advisory opinions issued by the Ethics Commission are found on this website.
Ethics Act Advisory Opinions (AO) 1989 to present
Open Governmental Meetings Advisory Opinions (OMAO) 1999 to present
Administrative Law Judge Code of Conduct Advisory Opinions (ALJAO) 2006 to present
School Board Advisory Opinions (SBAO) 2003 to present
Advisory Opinions (AO)
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 is authorized to issue specific advisory opinions, such as:
School Board Advisory Opinions (SBAO)
The Commission 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 (BOE) and whether BOE members may hold certain other public positions). Opinions are issued to County Board of Education members, members-elect, and candidates for election to the Board as to whether they may hold certain other positions and also serve on a County Board under W. Va. Code § 18-5-1a. The Commission will not respond to requests for advice on the propriety of someone else's conduct. School Board Advisory Opinions are made public, but the identity of the requester is confidential and will not be disclosed in the advisory opinion.
Open Governmental Meetings Advisory Opinions (OMAO)
The Ethics Commission’s Committee on Open Governmental Meetings issues written advisory opinions to governing bodies, or to their members, on whether an action or a proposed action violates the Open Meetings Act. The Act, at W. Va. Code § 6-9A-11, provides that any governing body or member thereof who seeks an advisory opinion and acts in good faith reliance on it has an absolute defense to any civil suit or criminal prosecution for any action taken based upon the opinion. If an opinion was sought by someone else, a governing body or member who relies on that opinion also has an absolute defense to such actions as long as the underlying facts and circumstances surrounding the action are the same or substantially the same as those being addressed by the opinion. However, a public official relying on an earlier opinion should check later opinions issued on the same subject matter to determine whether the opinion has been modified. Open Governmental Meetings Advisory Opinions are made public. The requester of an OMAO is not confidential and will be disclosed in the OMAO.
Administrative Law Judges Advisory Opinions (ALJAO)
The Ethics Commission’s Committee on Standards of Conduct for State Administrative Law Judges is authorized to issue written advisory opinions to any person whose conduct is governed by the ALJ Code of Conduct. Administrative Law Judges Advisory Opinions are made public, but the identity of the administrative law judge is confidential and will not be disclosed in the advisory opinion.
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, 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 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.
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.