In July 2007, the Commission began
numbering opinions relating to requests for waivers
of the pecuniary interest prohibitions in §6B-2-5(d)
and § 61-10-15 as "Contract Exemptions" - e.g.,
CE-2007-01. Unlike advisory opinions, exemption
requests are not anonymous. Thus, the identity of
the agency and the public servant affected is
contained in the text.
Exemptions apply only to the
parties stated in the decision and are decided by the
Commission on a case-by-case basis.
=======================================================
Contract Exemption requests starting July, 2007 -
note: click on number of
each request listed below to view complete opinion in
.pdf format
CE
2007-01 Jackson County Commission
County Commissioner may continue renting apartment to
tenant who receives HUD assistance from the County
Housing Authority
CE
2007-02 Buckhannon City Council
Savings of $505 insufficient to allow Council Member’s
business to sell furniture to City to furnish new Fire
Station
CE
2007-03 Hancock County Commission
$6000 annual cost of leasing site for radio tower from
County Commissioner not warranted where existing tower
could be raised to same elevation for $35,000
CE
2007-04 Ripley City Council
Granted exemption to purchase parts, accessories and
services from hardware store owned by Council Member in
order to maintain brand name (Stihl) tools previously
purchased by City
CE
2007-05 Rowlesburg Town Council
Granted exemption allowing Mayor to make $2000
unsecured, interest-free loan to Town to complete funding
to demolish abandoned building posing a health hazard
CE
2008-01 Kenova City Council
Except in emergency situations where other businesses
are closed, City may not purchase hardware from business
owned by Council Member
CE 2008-02 Withdrawn by requestor, no opinion issued
CE
2008-03 City of Hurricane
Temporary two-year exemption granted allowing City to
continue contracting with business owned by Mayor to
maintain and operate phone system, website and E-mail
system
CE
2008-04 &
2008-05 Belington City Council
Granted limited exemptions to obtain vehicle
maintenance from businesses owned by multiple Council
Members
CE
2008-06 Belington City Council
Granted limited exemption to purchase plumbing and
hardware items costing $100 or less from business owned
by Council Member
CE 2008-07 Withdrawn by requestor, no opinion issued
CE
2008-08 Town of Rhodell
Granted temporary exemption allowing Mayor to be
employed as contract operator of Town’s Class I water
system
CE
2008-09 Webster County Commission
Granted exemption allowing County Commission to pay
utilities for office building owned by County Prosecuting
Attorney and occupied as his public office
CE
2008-10 Webster County Commission
Granted exemption permitting County Commission to pay
utilities and nominal rent to Prosecuting Attorney whose
building is used as Prosecutor’s office
CE
2008-11 City of Bridgeport
Granted exemption authorizing City to purchase
property from corporation owned by Council Member to
facilitate public library expansion project
CE
2008-12 Wellsburg City Council
$150 savings from purchasing used utility trailer from
Council Member insufficient to establish required
hardship
CE
2008-13 Town of Handley
Granted exemption authorizing continued employment of
Mayor as Police Chief where Mayor receives $100 monthly
salary and an additional $250 monthly to serve as Chief
of Police
CE
2008-14 Weirton City Council
CE
2009-01 Town of Mabscott
CE 2009-02 Withdrawn by requestor, no opinion
issued
CE
2009-03 Raleigh County Solid Waste Authority
CE
2009-04 Monroe Health Center
CE
2009-05 Gilmer County Commission
CE 2009-06 Withdrawn by requestor, no opinion issued
CE
2009-07 Cabell County Board of Education
CE
2010-01 Town of Wayne - temporary exemption
