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Overview of the West Virginia Ethics Act
 A Code of Conduct for Public Servants

WV Ethics Commission
 210 Brooks St., Suite 300.
 Charleston WV 25301
(304) 558-0664
WV toll free: 1-866-558-0664
fax (304) 558-2169
Office hours: 8:30 a.m. - 5:00 p.m.

ethics@wv.gov

What is the Ethics Act?

The West Virginia Governmental Ethics Act established a code of conduct to guide public officials and public employees and help them avoid conflicts between their personal interests and their public responsibilities.

The Ethics Act tells public servants what is expected of them and gives official approval to their conduct if it complies with the standards of the Act.

See West Virginia Code 6B-1-1, et seq. See also Legislative Rules Title 158, Series 6-12

      On January 29, 2005 the West Virginia Legislature passed Senate Bill No. 1003 in a special legislative session.  This bill amends many portions of the Ethics Act and will take effect on July 1, 2005.  This site will be updated to reflect those changes by that date.      

Senate Bill No. 1003 can be viewed at this link: SB 1003 State Legislative Website  

 
Who is covered by the Ethics Act?

The code of conduct established by the Act applies to all public servants [public employees, elected public officials, and appointed public officials] whether full-time or part-time, who serve in the legislative, judicial, and executive branches of state, county, and municipal governments and the boards, commissions and the agencies of each of those levels.

Minimum Ethical Standards Established by the Ethics Act
PRIVATE GAIN

The basic principle underlying the standards or code of conduct created by the Ethics Act is that those in public service should use their positions for the public benefit and not for their own private gain or the private gain of another. For example:

! You may not use your agency's supplies or equipment for personal projects or activities.

! Public employees and full-time appointed officials may not work on personal projects or activities during work hours for which they are paid by their employer.

! You may not use subordinates to work on your personal projects or activities during work hours or compel them to do so on their own time. 

GIFTS

You may not solicit a gift unless it is for a charitable purpose from which you and your immediate family members derive no direct personal benefit. You may not solicit a subordinate for any gift - not even a gift for a charitable purpose.

The Ethics Act's prohibition against solicitation of gifts does not apply to solicitation of political contributions. However, WV Code §3-8-12(h) dealing with regulation and control of elections provides "No person shall solicit any [ political ] contribution from any non-elective salaried employee of the state government or of any of its subdivisions." You may not accept gifts from lobbyists, or from "*interested persons", unless it fits into one of the following exceptions:

! meals and beverages

! unsolicited gifts of a value of $25 or less

! ceremonial gifts or awards of insignificant value

! reasonable expenses incurred in appearing at a speaking engagement

! reasonable honoraria [check the Commission's rules ]

! free tickets to political, charitable, or cultural events customarily given as a courtesy to the office

! purely private and personal gifts

! lawful political contributions

["*interested persons" are those who do or seek to do business with, are regulated by, or are otherwise financially interested in the activities of your governmental agency.]

SELLING to SUBORDINATES

Although they may choose to buy from you, you may not personally solicit [in person, by phone, or personal letter] private business from subordinates you direct, supervise or control. Solicitations directed to the public at large or for property of a kind you are not regularly engaged in selling are permitted.

PRIVATE INTERESTS in PUBLIC CONTRACTS, PURCHASES & SALES

The Ethics Act says you may not have a financial interest in any contract, purchase or sale over which your public position gives you control; nor may your spouse, your dependent parents, your dependent children, or any business in which you or they have an ownership interest greater than 10%, or a creditor’s interest greater than 10% of the indebtedness of the business.

This provision applies only to (1) those contracts your job gives you authority to award or control and (2) those purchases and sales you are authorized to make or direct others to make. The Commission can grant your agency a hardship exemption from this provision of the Ethics Act.

[ NOTE: Part-time appointed officials may avoid the prohibition by recusing themselves from considering and acting on such matters. ]

LICENSING and RATE - MAKING PROCEEDINGS

You may not take official action on a license or rate-making matter affecting an entity in which you, or the members of your immediate family, own or control a ten per cent or greater interest. In addition, UNLESS you file a prior written public disclosure with your agency, you may not take official action on a license or rate-making matter affecting a person to whom such an entity has sold goods or services totaling more than $1,000 during the preceding year.

MOONLIGHTING or CHANGING JOBS

Click Here for more on Moonlighting And Changing Jobs

Full-time public servants may not (1) seek employment with, (2) be employed by, or (3) seek to sell or lease real or personal property to any person or business:

(a) that has a matter before the agency on which they are taking, or a subordinate is known to be taking, regulatory action, or

(b) that had, within the preceding twelve months, a matter on which they took, or a subordinate is known to have taken, regulatory action. The Ethics Commission can grant an exemption from this prohibition.

Conflict of Interest: Full-time public servants may not take personal regulatory action on matters affecting a person (1) by whom they are secondarily employed or (2) with whom they are seeking employment or have an agreement concerning future employment.

Prohibited activity: Full-time public servants may not accept private pay for providing information or services that are within the scope of their public duties. In other words, they can't sell, even on their own time, services their public position requires them to provide. This applies only to private work for people or businesses they serve as part of their public duties.

Note: Always check with your agency to see if it imposes rules of conduct in addition to those established by the WV Governmental Ethics Act.
These Apply Both During and After Your Government Service
Confidential Information:

You may not during or after government service, knowingly and improperly disclose confidential information acquired through your public position or use it to further personal interests of yourself or another person.

Prohibited Representation:

The act requires you to obtain your agency's consent before you represent a client in a matter in which you are or were substantially involved on behalf of the agency. This applies both during and after your government service.

The prohibition applies only to those matters in which you were personally involved in a decision making, advisory, or staff support capacity. It does not apply to legislators or legislative staff.
Limitation on Practice:

Certain public servants are prohibited from representing persons before their agency (1) while they are with the agency, and (2) for six months after leaving the agency. The prohibition applies only to elected and appointed public officials and full-time staff attorneys and accountants in agencies authorized to hear contested cases or make regulations.

This prohibition applies to representation in contested cases, regulation filings, license or permit applications, rate-making proceedings and to influence the expenditure of public funds. It does not apply to legislators or legislative staff. The Ethics Commission can grant an exemption from this prohibition.

This Section Applies to County Public Servants Only  
(WV Code 61-10-15)

Certain county personnel are also subject to a criminal statute which contains a similar, but more comprehensive public contract prohibition.  The Commission is responsible for advising public servants about §61-10-15 but has no role in its enforcement.

WV Code §61-10-15 applies to: (1) elected county officials [such as sheriff, county commissioners and school board members], (2) appointed county officials [those who serve on county boards, commissions, authorities and agencies], and (3) public school superintendents, principals, and teachers. It does not apply to other county employees.

§61-10-15 prohibits these designated county personnel from having personal financial interests, directly or indirectly, in a contract, purchase or sale over which their public position gives them "voice, influence or control." The prohibition extends to their spouses, those they support, and businesses in which they have an ownership interest or by which they are employed.

NOTE: As a result of an amendment to the law in 2002, agency transactions with businesses which employ these designated personnel or their spouses may be legitimized, if the public servant is recused from agency action in regard to the transaction and other specific requirements are met.  After July 1, 2007 the Ethics Commission has authority to grant an exemption to a County Agency based upon a documented hardship.