Home| | Requesting Advisory Opinions |
2008 Candidate Financial Disclosure form Annual Financial Disclosure Form for Public Servants
|
|
Home| | Requesting Advisory Opinions | 2008 Candidate Financial Disclosure form Annual Financial Disclosure Form for Public Servants
|
INDEX TO ONLINE ADVISORY OPINIONS
(listed by topic of interest)
2005-02 TO 2009-06 (July 2009)
BUSINESS SOLICITATION
CONFLICT OF INTEREST
No Ethics Act provision prohibits state elected official from holding appointed federal position, but State constitutional limitations may apply
2006-01 County Solid Waste Authority
Rewards program for law enforcement officers reporting illegal dumps not permissible.
2006-03 State Administrative Law Judge
- Not prohibited from conducting outside law practice
- May not represent individuals he regulates
- May not use state resources for private business activities
Spouse’s work for developer does not bar him from providing support services to county agencies considering developer’s permit applications
May not serve as Mayor and payroll clerk where Mayor supervises all town employees
May not use position to influence appropriations to non-profit employer
2007-04 Assistant Attorney General
May send letter at own expense to clients he represented as government attorney advising of his move to private practice
May provide information on web site for law practice which relates to his role as an elected Commissioner
Appointment of Mayor’s son as City Attorney would create “inescapable” conflict of interest
2007-13 Administrative Law Judge
Permitted to engage in outside practice of law, provided certain limitations are followed
DOUBLE DIPPING
Pay from private employer permitted during Legislative session, if consistent with job duties
2008-05 County Parks & Recreation Commission
A golf pro employed at a public golf course may accept pay for private lessons if he clocks
out before conducting the lesson
EMPLOYMENT: RESTRICTIONS
2006-03 State Administrative Law Judge
May not represent individuals he regulates while engaging in part-time private law practice (h)
EMPLOYMENT: MULTIPLE POSITIONS
EMPLOYMENT: MOONLIGHTING
EMPLOYMENT: SEEKING EMPLOYMENT, CHANGING JOBS
EMPLOYMENT: POST-EMPLOYMENT RESTRICTIONS
2005-22 Former Public Official
- General counsel to Cabinet Secretary not barred from appearing before all agencies in department
- One-year ‘revolving door’ prohibition applies to positions held on or after July 1, 2005
2007-04 Assistant Attorney General
Must wait 1 year before representing clients before state agency where he served
2007-10 Former County Deputy Assessor
May operate consulting business relating to contesting property assessments where all property has been re-evaluated since person retired
FINANCIAL DISCLOSURE STATEMENTS
2008-01 Candidate for Public Office
- Must disclose veteran’s disability benefits exceeding $1000 annually
- May describe as “federal benefits” or “veterans benefits” on form
GIFTS - ACCEPTANCE
Hotel stay “door prize” won at conference hosted by State vendor may not be accepted
May not accept free golf from vendor, consultant or other
interested person in conjunction with
annual association conference of public employees
Gift limitation applies even if funds from event go to charitable cause
Authorizes "buy down" with reduces gift to $25 limit
2009-09
State Employee
It would violate the Ethics Act for certain State Agency employees to accept a
lower lodging rate from a resort which the State Agency regulates.
Employee recognition expenditures
GIFTS - SOLICITATION
2005-02 County Board of Health
- May solicit donations for public health programs
- Establishes guidelines for non-coercive solicitation
Proceeds from calendar sales featuring county officers may only be used for charitable purposes
2007-01 Association of Hunter Education Instructors
- May solicit donations to support hunter safety education program and program for hunters with disabilities
- Law enforcement personnel may not solicit for charity while on duty and in uniform [NOTE: Overrules AO 2004-07]
- Prohibits issuance of window decals or bumper stickers to donors
HIGHER EDUCATION EXEMPTION
HONORARIUM
LOBBYING
2005 amendments to Act require multiple employees of lobbying firm to pay additional $100 filing fee for each client they represent
Employees whose regular duties involve sales may participate in a “Day at the Capitol” without registering as lobbyists
2007-12 Non-Profit Corporation
- Inviting all Legislators to a charitable fund raising event during regular Legislative session triggers lobbyist registration requirement
- Host organization may provide free tickets to Legislators for reception where food and beverages are served even if ticket price exceeds $25
- Businesses who contribute to event not required to report contributions
LOBBYING: GRASSROOTS
MISCELLANEOUS
May be reimbursed for government calls placed on personal cell phone
NEPOTISM
PERSONS COVERED BY THE ACT
2005-09 County School Superintendent
School Superintendent’s service on Board of Directors of private organization does not subject organization to Ethics Act jurisdiction
PRIVATE GAIN
2005-10 State Division Director
Division Director in agency which regulates motor vehicle dealers may not appear in commercials advertising automobile dealer even though his division does not regulate dealers
2005-16 County Health Department Employee
May reference professional certification which employer paid for in advertising for private consulting business
Use of county resources to provide shuttle services for a private picnic is not permitted
- May not conduct training programs for third-parties regulated by their Board without a written waiver from the Ethics Commission
- Exec Dir may grant temporary waiver which must be ratified by Commission
Teacher who directs Show Choir may not sell music compositions to be performed by choir he directs
2008-05
County Parks & Recreation commission
May authorize employees to play golf for free under
certain conditions
2008-07
Town Council
May authorize employees to use town swimming pool for free as
fringe benefit of employment
May give discount to faculty and
staff on bookstore purchases
[notes: partially overrules AO 2001-21only applies to
higher education institutions
2009-02 Elected County
Officials
County Funded Employee Wellness Program may not be extended to elected county
officials and is prohibited by statue (7-5-20)
2009-09
State Employee
It would violate the Ethics Act for certain State Agency
employees to accept a lower lodging rate from a resort which the State Agency
regulates.
Employee recognition expenditures/ gifts
2010-03 County Board of Education Candidate
Spouse is employed by the Board of Education as Chief Mechanic
PUBLIC CONTRACTS
Continued employment of Assessor’s fiancé' in Assessor’s Office following marriage to County Assessor would not violate (d) but would violate W. Va. Code § 61-10-15
May enter into vending services contract with school system by which he is employed
2007-11 Municipal Utilities Commission Board Member
Commission may contract with company owned by part-time appointed Board Member to install water tank, provided Member is recused
Conflict would arise from spouse's business contracting with city
Full-time City attorney is equivalent to a General Counsel or Prosecuting
Attorney with inherent authority over
municipal contracting.
Contract between County Airport Authority and business owned by County Commissioner not subject to prohibition where Commissioner does not serve on Airport Authority (but see 61-10-15)
2010-03 County Board of Education Candidate
Spouse is employed by the Board of Education as Chief Mechanic
PUBLIC CONTRACTS - EXEMPTIONS
2006-11 County Prosecuting Attorney
Commission will not grant hardship waiver where contract is prohibited by W. Va. Code 61-10-15 [Note: Subsequent amendment to W. Va. Code § 61-10-15 provides discretion to Commission to grant waivers]
RATE MAKING & LICENSING PROCEEDINGS
VENDOR RELATIONS
VOTE & DELIBERATE
A City’s procedural rule purporting to require a Council Member to vote despite abstention at direction of presiding official are inconsistent with state ethics statute which requires public servants refrain from voting on matters in which they have a personal financial interest.
2005-12 County Planning Commission
Board Member may not vote on matters regarding developers or contractors who are current business customers
May adopt more specific recusal procedure
Voting on matters relating to employer controlled by rules of each house
- Voting permitted where only hypothetical private gain involved
- Not voting recommended to avoid
appearance of impropriety
2009-04 County School Board Member
May vote on matters pertaining to the continuation of superintendent employment
contract despite
civil litigation against superintendent by school board member's department head
May vote on matters relating to a church in which he is a member absent a financial interest
61-10-15 COUNTY OFFICERS (CRIMINAL PROVISION)
2005-03 County Board of Education Member
Board Member may serve as volunteer coach for $1 annually
2005-13 County Prosecuting Attorney
Part-time Prosecuting Attorney may not be employed to perform additional legal work for county under grant administered by County Commission
2005-18 County Board of Education Member
May fill competitive position as part-time assistant athletic coach if he declines compensation other than $1 annually
2006-12 County Board of Education Member
May be employed to conduct educational testing by contractor working for federal Department of Education where no county funds involved
2006-15 County Solid Waste Authority
Where Board Member has exclusive tariff from PSC to haul waste in county, Board may contract with Member to haul waste it collects
2006-16 County Board of Education
May not contract with Superintendent’s spouse to provide specialized training to teachers
Marriage to employee who works in Assessor’s Office will result in prohibited interest in spouse’s employment contract
May enter into vending services contract with school system by which he is employed
Contract between Commissioner's business and County Airport Authority which was
approved prior to
Commissioner's election may remain in effect
Commissioner may not serve on Airport authority
Commissioner may not vote on appointments to Airport authority
Commissioner must follow limitations on voting in regard to Airport Authority matters
Prohibits employment of spouse of County Commissioner at county hospital (overruled by statute)
May not contract with local extension service agency because exercises voice, influence or control
2010-03 County Board of Education Candidate
Spouse is employed by the Board of Education as Chief Mechanic
Index to Online Advisory Opinions -
LAST UPDATE: 7/17/2009