WV ETHICS COMMISSION

210 Brooks Street, Suite 300Charleston WV 25301304-558-0664

GOVERNMENT ETHICS

Theresa M. Kirk Executive Director

WV Ethics Commission

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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)

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 inPublic 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 inPublic 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 inPublic 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 inPublic 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 inPublic 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-in-law, daughter-in-law, 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 Officefor 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 door-Limitations 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

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

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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Free Tickets Title 158, Series 7

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Charitable Solicitation Gifts may only be

solicited for a charitable purpose

Charities include United Way and educational programs for children

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

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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?

WV ETHICS COMMISSION

210 Brooks Street, Suite 300Charleston WV 25301Toll-free #: 866-558-0664