The West Virginia Ethics ActThe West Virginia Ethics ActChapter 6B of CodeChapter 6B of Code

Basic principle is that public officers and Basic principle is that public officers and employees are not to use their public employees are not to use their public position for their own private gain or that of position for their own private gain or that of anotheranother

Incidental use of equipment or resources Incidental use of equipment or resources resulting in de minimis private gain is not resulting in de minimis private gain is not prohibitedprohibited

Recent amendment allows bonus points Recent amendment allows bonus points accrued by officer during official travel to accrued by officer during official travel to be retained by officerbe retained by officer

GiftsGifts

Public official may not solicit any gift Public official may not solicit any gift unless it is for a charitable purpose with no unless it is for a charitable purpose with no pecuniary benefit to the officer or his pecuniary benefit to the officer or his immediate familyimmediate family

May not accept any gift from a lobbyist, May not accept any gift from a lobbyist, someone doing or seeking business with someone doing or seeking business with agency or regulated by agency or who has agency or regulated by agency or who has financial interests which may be financial interests which may be substantially affected by officersubstantially affected by officer

ExemptionsExemptions

Meals and beveragesMeals and beverages

Ceremonial gifts or awards with Ceremonial gifts or awards with insignificant monetary valueinsignificant monetary value

Unsolicited gifts of nominal value($25 from Unsolicited gifts of nominal value($25 from any one source over a calendar year)any one source over a calendar year)

Reasonable expenses for food, travel and Reasonable expenses for food, travel and lodging when serving on a panel or as lodging when serving on a panel or as speakerspeaker

Tickets or free admission to charitable, Tickets or free admission to charitable, cultural or political events when such are cultural or political events when such are customarily extended as a courtesy to that customarily extended as a courtesy to that office. No $25 limitation. May also accept office. No $25 limitation. May also accept the same for a guest. Must be extended by the same for a guest. Must be extended by the sponsor and not a third party.the sponsor and not a third party.

Purely private and personal gifts or those Purely private and personal gifts or those from relatives or householdfrom relatives or household

Tickets to sporting events only if person Tickets to sporting events only if person has a ceremonial duty to be performed has a ceremonial duty to be performed before members of the public attendingbefore members of the public attending

Solicitation for CharitySolicitation for Charity

May never solicit from a subordinate May never solicit from a subordinate employeeemployee

May not orally solicit donation from May not orally solicit donation from persons under the regulatory control of the persons under the regulatory control of the agency or who is a vendor of the agency agency or who is a vendor of the agency or is seeking to do business with agencyor is seeking to do business with agency

Written solicitations may be made to the Written solicitations may be made to the public at largepublic at large

Agencies may solicit funds for agency Agencies may solicit funds for agency programs intended to help the poor and programs intended to help the poor and disadvantaged. The Ethics Commission or disadvantaged. The Ethics Commission or its Executive Director must approve its Executive Director must approve solicitation for any other purposesolicitation for any other purpose

Officials may use their titles if the Officials may use their titles if the solicitation is for an approved purposesolicitation is for an approved purpose

Voluntary payroll deductions are Voluntary payroll deductions are authorized through the West Virginia State authorized through the West Virginia State Employees Coordinated CampaignEmployees Coordinated Campaign

Financial Interest in ContractsFinancial Interest in Contracts

Generally not allowed to have financial Generally not allowed to have financial interest in contracts which official has interest in contracts which official has authority overauthority over

Financial interest that does not exceed Financial interest that does not exceed $1000 over calendar year allowed, but $1000 over calendar year allowed, but official may not use his office to influence official may not use his office to influence the award of such a contractthe award of such a contract

Must recuse self from voting Must recuse self from voting

Employment by Regulated Persons Employment by Regulated Persons Or VendorsOr Vendors

Full-timeFull-time officials or employees may not officials or employees may not seek employment by, be employed by, or seek employment by, be employed by, or seek to purchase, lease or sell property seek to purchase, lease or sell property from these individuals or entities for 12 from these individuals or entities for 12 months after taking certain actions or months after taking certain actions or leaving public employleaving public employ

Exemptions can be granted by Ethics Exemptions can be granted by Ethics CommissionCommission

Limitations on VotingLimitations on Voting

Public officials may not vote on a matter if Public officials may not vote on a matter if they, an immediate family member, or a they, an immediate family member, or a business with which they or immediate business with which they or immediate family member are associated with have a family member are associated with have a financial interestfinancial interestAn associated business is one where the An associated business is one where the person or family member is a director, person or family member is a director, owner, employee or holder of 5% or more owner, employee or holder of 5% or more of outstanding stockof outstanding stock

If employed by a financial institution and If employed by a financial institution and primary responsibility is lending, public primary responsibility is lending, public official may not vote on matter affecting official may not vote on matter affecting financial interests of any customer whom a financial interests of any customer whom a loan was made to within the preceding 12 loan was made to within the preceding 12 monthsmonths

May not vote on a personnel matter May not vote on a personnel matter involving spouse or relativeinvolving spouse or relative

May not vote on award or contract to May not vote on award or contract to nonprofit corporation employing official or nonprofit corporation employing official or immediate family memberimmediate family member

May vote if they, relatives or associated May vote if they, relatives or associated business are only effected as a member of business are only effected as a member of a class consisting of five or more similarly a class consisting of five or more similarly situated persons or businessessituated persons or businesses

May vote if it affects a publicly traded May vote if it affects a publicly traded company but the official and family own company but the official and family own less than 5% of the stock and the stock is less than 5% of the stock and the stock is valued at less than $10,000valued at less than $10,000

For any recusal to be proper official must For any recusal to be proper official must remove himself from room, disclose remove himself from room, disclose interest, and not voteinterest, and not vote

Advisory OpinionsAdvisory Opinions

Ethics Commission will render advisory Ethics Commission will render advisory opinionsopinions

Acting in reliance of advisory opinion gives Acting in reliance of advisory opinion gives immunity from Ethics Act sanctions or immunity from Ethics Act sanctions or criminal prosecutioncriminal prosecution

ViolationsViolations

Ethics Commission may issue public Ethics Commission may issue public reprimand, cease and desist orders, order reprimand, cease and desist orders, order restitution, and levy fines of up to $5000restitution, and levy fines of up to $5000