WV ETHICS COMMISSION 210 Brooks Street, Suite 300 Charleston WV 25301 304-558-0664.
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Transcript of WV ETHICS COMMISSION 210 Brooks Street, Suite 300 Charleston WV 25301 304-558-0664.
WV ETHICS COMMISSION
210 Brooks Street, Suite 300Charleston WV 25301304-558-0664
GOVERNMENT ETHICS
Theresa M. Kirk Executive Director
WV Ethics Commission
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The Ethics Act
1989 – New incoming Governor, Gaston Caperton, called Special Legislative Session
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Mission
Ethics Open Meetings School Board Eligibility per W. Va.
Code § 18-5-1a ALJ Code of Conduct W.Va. Code §61-10-15 (county
officials)
The Ethics Act Applies to public servants in state,
county & municipal government Applies to executive, legislative &
judicial branches Applies to elected and appointed
officials, full & part-time employees Does not apply to contractors or private
organizations receiving government funds
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Meetings 12-member Ethics Commission ordinarily
meets monthly on the first Thursday in the month
Commission meetings usually start at 10:00 AM and are concluded by 12:00 or 12:30 PM
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Prohibited Interests inPublic Contracts
W.Va. Code § 61-10-15 – County Officials W.Va. Code § 6B-2-5(d) – All public
servants
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Prohibited Interests inPublic Contracts
Elected public officials and full-time employees may not have a financial interest in a public contract under their authority or control
Ethics Commission has discretion to grant an exemption to the public entity based upon undue hardship
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Prohibited Interests inPublic Contracts
Certain county officials, including County Commissioners, Prosecuting Attorneys, Assessors, Sheriffs, County Clerks, School Board Members and officers, and appointed members of county boards, may not have a financial interest in a public contract over which their public position gives them voice, influence or control W.Va. Code 61-10-15
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Prohibited Interests inPublic Contracts
2007 – Amendment gave Ethics Commission authority to grant exemptions from prohibition
Government agency must demonstrate: (1) excessive cost; (2) undue hardship; or (3) substantial interference with government operations
Contract exemptions – the governing body and public official are identified by name
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Prohibited Interests inPublic Contracts
Ethics Act prohibition excludes public contracts involving no more than $1000 on an annual basis
W. Va. Code § 61-10-15 applies to all contracts (Commission has allowed volunteers to accept $1 annually to be included under agency insurance)
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Voting – W.Va. Code §6B-2-5(j)
May not vote on employment of a relative
May not vote to award contract to a business with which member or an immediate family member is associated
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Voting “Relatives” include
husband, wife, son, daughter, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandmother, grandfather, & grandchild
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Voting “Immediate
family members” includes spouse with whom you are living, dependent children, dependent parents and dependent grandchildren
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Use of Officefor Personal Gain
May not use public resources to conduct private business
§ 6B-2-5(b) More than a de
minimis use of public resources violates the Act
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Confidential Information May not disclose
information that is confidential by law
Improper disclosure is a criminal misdemeanor
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Revolving door-Limitations 1 year limitation –
Elected officials Appointed officials Attorneys Accountants
Other –does not apply to Members of Legislature and staff
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Outside Employment
Cannot conflict with current employment
Must work on own time
Can’t get paid for something that is part of your public job duties
Cannot work for
someone you regulate
Seeking Employment
Limitations when regulated entity or vendor.
May seek exemption from Ethics Commission.
Transparency
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Outside employment Full-time public
servants may not work for vendors if they exercise authority or control over a contract with that vendor
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Outside employment “Exercising
authority or control” includes (1) drafting bid specifications; (2) selecting vendor;
(3) conducting inspections;
(4) approving payment
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Gift Limitations The Ethics Act
prohibits public servants from accepting gifts from interested persons, under certain circumstances
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Gift Limitations General rule –
may not accept gift from an interested party in excess of $25
Legislative Rule clarifies that this means $25 from one source in a calendar year
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Gift Limitations No $ limit on
food and beverages if host is present
Public agencies may adopt stricter limits
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Violations
Sporting events – Stricter limits. Ticket must be $25.00 or less. May not take guest if total value of all
tickets exceeds $25.00. Sporting events – ceremonial role -
$25.00 limit does not apply; may accept a ticket for a guest
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Free Tickets Title 158, Series 7
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Charitable Solicitation Gifts may only be
solicited for a charitable purpose
Charities include United Way and educational programs for children
Complaints and Sanctions
Any citizen may file a complaint
Complaints must be verified
Ethics Commission may initiate a complaint based on credible evidence that a material violation has occurred
Probable Cause Review Board
3 Members appointed by Governor and Approved by Senate
Similar to a grand jury Proceedings are confidential until and
unless Probable Cause is found then work of Review Board ends at that stage
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Processing Complaints
Complaints are initially confidential
Probable Cause Review Board must accept for investigation
After investigation, complaint may proceed to hearing if the Board unanimously finds probable cause
What happens during the investigation stage?
Respondent may personally appear Respondent may file a written
response Respondent may not be compelled to
respond in person or in writing and failure may not be used against them
May enter into Conciliation Agreement
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Public Hearing
Conducted by Administrative Law Judge
Open to press and public
ALJ issues recommended decision
Complaint Adjudication
Entire 12-member Commission reviews ALJ recommendation and record
At least 7 must vote “guilty”
Sanctions imposed by majority rule
Sanctions and Penalties
Ethics Commission must find guilt beyond a reasonable doubt
Available sanctions include: (1) cease and desist order; (2) public reprimand; (3) monetary fine up to $ 5,000.00 (per offense); (4) order of restitution; (5) repay costs of the investigation; and (6) recommendation for termination or removal
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Open Meetings
1999 – Legislature gave a Committee within the Ethics Commission authority to issue formal advisory opinions
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Notice and Agenda The Open
Meetings Act requires advance notice of the date, time, and place of the meeting, and an agenda of matters to be considered.
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Meeting Agenda All state, county & municipal agencies –
Issue meeting agenda 3 business days in advance
Business days do not include the day of the meetings, weekends or legal holidays
Post in public place by close of business on day # 1
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Meeting Notice State agencies – publish meeting notice in
State Register 5 calendar days in advance County & municipal agencies – provide
reasonable notice Regular Meetings – may follow established
schedule or 3 business days’ notice Special Meetings – provide 2 business days’
notice
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Executive Session Personnel – most common exemption
Hiring, firing, promoting, transfer, discipline or compensation of an employee
Employee may request open session, if asked to meet in executive session
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Executive Session Settlement negotiations – Attorney may ask
for settlement authority in Executive Session
Final settlement – public information
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WV ETHICS COMMISSION
Any questions?
WV ETHICS COMMISSION
210 Brooks Street, Suite 300Charleston WV 25301Toll-free #: 866-558-0664