West Virginia Code of State Rules Agency 158 - Ethics Commission
The West Virginia Code of State Rules, Agency 158, is dedicated to the Ethics Commission. This agency is the cornerstone for upholding ethical conduct in West Virginia's state, county, and municipal governments. Its core mission is to administer and enforce the West Virginia Governmental Ethics Act (W. Va. Code §§ 6B-1-1 et seq.).
The Ethics Commission is an independent, non-partisan body created to prevent conflicts of interest, deter the use of public office for private gain, and promote public confidence in government integrity.
Here's a breakdown of the key areas and types of rules (series) under Agency 158:
I. General Administration and Procedures:
Series 158-01: General Provisions: This foundational rule sets forth the practice and procedure for the Commission, including maintaining the confidentiality of communications and documents in accordance with the Ethics Act.
Series 158-02: Advisory Opinions: This is a crucial function of the Commission. It allows public officials and employees to request written advisory opinions on whether a proposed action violates the Ethics Act. Acting in good faith reliance on an advisory opinion provides immunity from sanctions and an absolute defense against criminal prosecution.
Series 158-16: Complaints, Probable Cause Review Board and Investigations: Outlines the process for filing and investigating complaints of alleged ethics violations, including the role of the Probable Cause Review Board. Complaints must generally be sworn or affirmed.
Series 158-17: Hearings: Details the procedures for conducting hearings when violations are alleged.
Series 158-19: West Virginia Ethics Commission (Procedural Rule): Further specifies the procedural rules for the Commission's operations.
Series 158-20: Forms: Standardized forms used for filings, disclosures, and other processes.
II. Ethical Standards and Prohibited Conduct:
These rules interpret and elaborate on the core prohibitions of the Ethics Act, which apply to all public servants (elected and appointed officials, and employees) in the legislative, judicial, and executive branches of state, county, and municipal government.
Series 158-03: Purchase, Sale Or Lease Of Personal Property: Addresses transactions involving personal property between public servants and governmental entities.
Series 158-04: Guidelines And Standards For Determining The Existence Of Disqualifying Financial Interests: Helps identify when a public official or employee has a financial interest that would prevent them from participating in a decision or contract.
Series 158-06: Use of Office for Private Gain, Including Nepotism: This is a key area. It prohibits public servants from using their office, or the prestige of their office, for their own private gain or that of another person. It specifically addresses nepotism, which is favoritism shown in employment or working conditions to relatives or persons with whom a public official or employee resides. This includes prohibitions on direct supervision of relatives.
Series 158-07: Solicitation And Receipt Of Gifts And Charitable Contributions By Public Employees And Officials: Sets clear limits on accepting gifts from lobbyists or anyone doing business with, or regulated by, the public servant's agency. Generally, gifts from such "interested persons" are limited to $25 per calendar year, with specific exceptions (e.g., certain ceremonial gifts, gifts from relatives, or gifts to attend charitable/cultural events as a courtesy to the office).
Series 158-08: Interest In Public Contracts: Prohibits public officials and employees from having a financial interest in public contracts over which they have direct authority or control, with some exceptions.
Series 158-10: Contributions: Addresses issues related to political contributions in the context of ethics (though campaign finance is generally regulated by the Secretary of State).
Series 158-11: Employment Exemptions: Provides a process for full-time public servants to seek exemptions for certain employment restrictions, particularly concerning seeking employment with vendors or regulated persons with whom they have had official dealings.
Series 158-12: Lobbying: Regulates the registration and reporting requirements for lobbyists.
Series 158-13: Code Of Conduct For Administrative Law Judges: Establishes specific ethical standards for state administrative law judges.
Series 158-14: Filing Of Verified Time Records: Pertains to requirements for public servants who hold multiple government positions to ensure they are not paid twice for the same hours.
III. Financial Disclosure and Transparency:
The Ethics Commission processes Financial Disclosure Statements from certain public servants and candidates for office. These statements require reporting of various financial interests, including sources of income, investments, real property, and certain gifts, to promote transparency.
IV. Education and Training:
Series 158-18: Ethics Training Requirements For Designated Public Officials: Mandates ethics training for certain public officials to ensure they understand their obligations under the Ethics Act. The Commission is primarily responsible for educating and advising public servants.
Open Governmental Meetings Act: The Ethics Commission also interprets the Open Governmental Meetings Act, providing advisory opinions to governing bodies on open meetings law compliance.
Sanctions for Violations:
The Ethics Commission has the authority to impose various sanctions for violations of the Ethics Act, including:
Public reprimands
Cease and desist orders
Orders of restitution (for money, things of value, or services improperly taken/received)
Fines (up to $5,000 per violation)
Reimbursement of investigation and prosecution costs
Recommendations to the appropriate governmental body for termination of employment or removal from office.
In summary, Agency 158 and the West Virginia Ethics Commission are crucial for maintaining integrity, transparency, and accountability in West Virginia's public service by setting clear ethical standards and enforcing them through investigation, adjudication, and education.
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