WV ETHICS COMMISSION
210 Brooks Street, Suite 300
Charleston WV 25301
304-558-0664
GOVERNMENT
ETHICS
Theresa M. Kirk
Executive Director
WV Ethics Commission
The Ethics Act
 1989 – New
incoming
Governor, Gaston
Caperton, called
Special Legislative
Session
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Mission
 Ethics
 Open Meetings
 School Board Eligibility per W. Va.
Code § 18-5-1a
 ALJ Code of Conduct
 W.Va. Code §61-10-15 (county
officials)
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The Ethics Act
 Applies to public servants in state,
county & municipal government
 Applies to executive, legislative &
judicial branches
 Applies to elected and appointed
officials, full & part-time employees
 Does not apply to contractors or private
organizations receiving government
funds
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Meetings
 12-member Ethics Commission ordinarily
meets monthly on the first Thursday in the
month
 Commission meetings usually start at
10:00 AM and are concluded by 12:00 or
12:30 PM
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Prohibited Interests in
Public Contracts
 W.Va. Code § 61-10-15 – County Officials
 W.Va. Code § 6B-2-5(d) – All public
servants
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Prohibited Interests in
Public Contracts
 Elected public officials and full-time
employees may not have a financial
interest in a public contract under their
authority or control
 Ethics Commission has discretion to
grant an exemption to the public entity
based upon undue hardship
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Prohibited Interests in
Public Contracts
 Certain county officials, including
County Commissioners, Prosecuting
Attorneys, Assessors, Sheriffs, County
Clerks, School Board Members and
officers, and appointed members of
county boards, may not have a financial
interest in a public contract over which
their public position gives them voice,
influence or control W.Va. Code 61-10-15
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Prohibited Interests in
Public Contracts
 2007 – Amendment gave Ethics
Commission authority to grant
exemptions from prohibition
 Government agency must demonstrate:
(1) excessive cost; (2) undue hardship;
or (3) substantial interference with
government operations
 Contract exemptions – the governing
body and public official are identified by
name
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Prohibited Interests in
Public Contracts
 Ethics Act prohibition excludes public
contracts involving no more than $1000
on an annual basis
 W. Va. Code § 61-10-15 applies to all
contracts (Commission has allowed
volunteers to accept $1 annually to be
included under agency insurance)
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Voting – W.Va. Code §6B-2-5(j)
 May not vote on
employment of a
relative
 May not vote to
award contract
to a business
with which
member or an
immediate family
member is
associated
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Voting
 “Relatives” include
husband, wife, son,
daughter, son-inlaw, daughter-inlaw, father, mother,
father-in-law,
mother-in-law,
brother, sister,
brother-in-law,
sister-in-law,
grandmother,
grandfather, &
grandchild
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Voting
 “Immediate
family members”
includes spouse
with whom you
are living,
dependent
children,
dependent
parents and
dependent
grandchildren
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Use of Office
for Personal Gain
 May not use
public resources
to conduct
private business
 § 6B-2-5(b)
 More than a de
minimis use of
public resources
violates the Act
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Confidential Information
 May not disclose
information that
is confidential by
law
 Improper
disclosure is a
criminal
misdemeanor
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Revolving doorLimitations
 1 year limitation –




Elected officials
Appointed officials
Attorneys
Accountants
 Other –does not apply
to Members of
Legislature and staff
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Outside Employment
 Cannot conflict
with current
employment
 Must work on own
time
 Can’t get paid for
something that is
part of your public
job duties
 Cannot work for
someone you
regulate
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Seeking Employment
 Limitations when
regulated entity
or vendor.
 May seek
exemption from
Ethics
Commission.
 Transparency
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Outside employment
 Full-time public
servants may not
work for vendors
if they exercise
authority or
control over a
contract with
that vendor
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Outside employment
 “Exercising
authority or
control” includes
(1) drafting bid
specifications;
(2) selecting
vendor;
(3) conducting
inspections;
(4) approving
payment
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Gift Limitations
 The Ethics Act
prohibits public
servants from
accepting gifts
from interested
persons, under
certain
circumstances
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Gift Limitations
 General rule –
may not accept
gift from an
interested party
in excess of $25
 Legislative Rule
clarifies that this
means $25 from
one source in a
calendar year
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Gift Limitations
 No $ limit on
food and
beverages if host
is present
 Public agencies
may adopt
stricter limits
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Violations
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Free Tickets
Title 158, Series 7
 Sporting events – Stricter limits.
 Ticket must be $25.00 or less.
 May not take guest if total value of all
tickets exceeds $25.00.
 Sporting events – ceremonial role $25.00 limit does not apply; may accept
a ticket for a guest
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Charitable Solicitation
 Gifts may only be
solicited for a
charitable
purpose
 Charities include
United Way and
educational
programs for
children
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Complaints and Sanctions
 Any citizen may file a complaint
 Complaints must be verified
 Ethics Commission may initiate a
complaint based on credible evidence
that a material violation has occurred
Probable Cause Review
Board
 3 Members appointed by Governor
and Approved by Senate
 Similar to a grand jury
 Proceedings are confidential until and
unless Probable Cause is found then
work of Review Board ends at that
stage
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Processing Complaints
 Complaints are initially confidential
 Probable Cause Review Board must
accept for investigation
 After investigation, complaint may
proceed to hearing if the Board
unanimously finds probable cause
What happens during the
investigation stage?
 Respondent may personally appear
 Respondent may file a written
response
 Respondent may not be compelled to
respond in person or in writing and
failure may not be used against them
 May enter into Conciliation
Agreement
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Public Hearing
 Conducted by Administrative Law
Judge
 Open to press and public
 ALJ issues recommended decision
Complaint Adjudication
 Entire 12-member Commission
reviews ALJ recommendation and
record
 At least 7 must vote “guilty”
 Sanctions imposed by majority rule
Sanctions and Penalties
 Ethics Commission must find guilt
beyond a reasonable doubt
 Available sanctions include: (1) cease
and desist order; (2) public reprimand;
(3) monetary fine up to $ 5,000.00 (per
offense); (4) order of restitution; (5)
repay costs of the investigation; and (6)
recommendation for termination or
removal
Open Meetings
1999 –
Legislature gave
a Committee
within the Ethics
Commission
authority to issue
formal advisory
opinions
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Notice and Agenda
The Open
Meetings Act
requires
advance notice
of the date,
time, and
place of the
meeting, and
an agenda of
matters to be
considered.
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Meeting Agenda
 All state, county & municipal agencies –
Issue meeting agenda 3 business days in
advance
 Business days do not include the day of the
meetings, weekends or legal holidays
 Post in public place by close of business on
day # 1
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Meeting Notice
 State agencies – publish meeting notice in
State Register 5 calendar days in advance
 County & municipal agencies – provide
reasonable notice
 Regular Meetings – may follow established
schedule or 3 business days’ notice
 Special Meetings – provide 2 business days’
notice
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Executive Session
 Personnel – most common exemption
 Hiring, firing, promoting, transfer, discipline
or compensation of an employee
 Employee may request open session, if
asked to meet in executive session
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Executive Session
 Settlement negotiations – Attorney may ask
for settlement authority in Executive Session
 Final settlement – public information
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WV ETHICS COMMISSION
 Any questions?
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WV ETHICS COMMISSION
210 Brooks Street, Suite 300
Charleston WV 25301
Toll-free #: 866-558-0664