WV ETHICS COMMISSION

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WV ETHICS COMMISSION

• 210 Brooks Street, Suite 300
• Charleston WV 25301
• 304-558-0664

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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)

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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 1000 AM and
  are concluded by 1200 or 1230 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
• Cant 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

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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

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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

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Complaint Adjudication

• Entire 12-member Commission reviews ALJ
  recommendation and record
• At least 7 must vote guilty
• Sanctions imposed by majority rule

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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?

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WV ETHICS COMMISSION

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