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Requesting
Advisory Opinions |
Ethics
Commission
210 Brooks Street, 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.
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The West Virginia
Ethics Commission is authorized to issue written advisory
opinions to public officials and employees on whether their
proposed or ongoing conduct violates the Governmental Ethics
Act or WV Code 61-10-15, a criminal statute which applies only
to certain county personnel. People acting in good faith reliance upon
an advisory opinion are immune from any disciplinary sanctions
or criminal prosecution, even if they did not request the
opinion themselves.
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Any person potentially
subject to the provisions of the Governmental Ethics Act or WV
Code 61-10-15 may request an opinion concerning his or her own
conduct. This includes an elected or appointed public official or
a public employee of State, county or local government. The
identity of the requester will not be disclosed in the Commission’s
written opinion. The Commission will not respond to requests for
written advice on the propriety of someone else’s conduct.
Requests
for a formal advisory opinion must be submitted to the Ethics
Commission in writing at 210 Brooks St., Charleston, WV 25301.
The letter should contain a complete statement of the facts,
including your name, your official position, a brief description of
the powers of your agency, commission or office and the nature of
the issue. The members of the Commission will review your letter,
but their deliberations and written response will not disclose your
name or the identity of your specific public entity.
The Commission will consider your
request as promptly as possible, usually at its next monthly
meeting. You will receive a copy of the written advisory opinion by
mail.
The Commission’s advisory opinions,
which were first issued in 1989, are available at the Ethics
Commission Offices. They are also available at the Secretary of State’s Office. Contact Judy Cooper in the
administrative law section at (304) 558-6000.
Starting with Advisory Opinion
2005-02 selected opinions are available in
Link
to opinions
The Executive Director
and Legal Counsel can give informal advice by telephone when the
requester’s question is similar to one already answered by the
Commission in an advisory opinion. If they cannot answer the
question posed, the requester will be advised to write for a formal
opinion. Call (304) 558-0664
WV toll free: 1-866-558-0664.
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