INDEX
TO ONLINE ADVISORY OPINIONS
(listed by topic of interest)
2005-02 TO
2008-01
BUSINESS SOLICITATION
CONFLICT OF INTEREST
2005-11 State Official
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
2006-04 County Employee
Spouse’s
work for developer does not bar him from providing support services to county
agencies considering developer’s permit applications
2006-05 Mayor
May not
serve as Mayor and payroll clerk where Mayor supervises all town employees
2006-06 State Legislator
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
2007-05 County Commissioner
May provide
information on web site for law practice which relates to his role as an elected
Commissioner
2007-07 Mayor
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
2006-06 State Legislator
Pay from
private employer permitted during Legislative session, if consistent with job
duties
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
2006-07 State Employee
Hotel stay
“door prize” won at conference hosted by State vendor may not be accepted
GIFTS - SOLICITATION
2005-02 County Board of Health
- May solicit
donations for public health programs
- Establishes guidelines for
non-coercive solicitation
2005-15 County Commissioner
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
2005-08 Registered Lobbyist
2005
amendments to Act require multiple employees of lobbying firm to pay additional
$100 filing fee for each client they represent
2005-21 Private Company
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
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
2006-13 County Commissioner
Use of
county resources to provide shuttle services for a private picnic is not
permitted
2006-14 State Board Members
- 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
2006-17 County School Teacher
Teacher who
directs Show Choir may not sell music compositions to be performed by choir he
directs
PUBLIC CONTRACTS
2007-03 County Assessor
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
2007-08 Public School Teacher
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
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
2005-06 City council Member
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
2005-14 County Commission
May adopt more specific recusal
procedure
2006-06 State Legislator
Voting on matters relating to
employer controlled by rules of each house
2006-09 City Mayor
- Voting permitted where only
hypothetical private gain involved
- Not voting recommended to avoid
appearance of impropriety
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
2007-03 County Assessor
Marriage to employee who works
in Assessor’s Office will result in prohibited interest in spouse’s employment
contract
2007-08 Public School Teacher
May enter into vending services
contract with school system by which he is employed
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Index
to Online Advisory Opinions -
LAST UPDATE: March 19, 2008
