West Virginia Department of Education Presentation before the West Virginia Association of School Business Officials Fall Conference October 19, 2011 Grand Pointe Conference & Reception Center Vienna/Parkersburg, WV SELECTED ADVISORY OPINIONS OF THE WEST VIRGINIA ETHICS COMMISSION Joseph Panetta Assistant State Superintendent Division of Student Support Services
TABLE OF CONTENTS ETHICS COMMISSION ADVISORY OPINIONS Contracts with Board Members or Employees: Ethics Commission Advisory Opinion No. 2006-17: A County School Teacher asks if he may sell an original song, musical arrangement and choreography to a boosters organization for use by the High School Show Choir he directs.... 1 Ethics Commission Advisory Opinion No. 2007-08: A Public School Teacher asks if he may bid on a contract to provide vending machine services to the Board of Education where he is employed.... 4 Ethics Commission Advisory Opinion No. 2006-16: A County Board of Education asks if it may contract with the Superintendent s spouse to conduct training sessions for teachers.... 6 Ethics Commission Advisory Opinion No. 2010-21: A County Board of Education asks whether it may contract with a private club in which an Elected Board Member, Treasurer and spouse of the Superintendent own stock.... 8 Ethics Commission Advisory Opinion No. 2010-14: An Elected Member of a Board of Education who is the owner of a fast-food restaurant asks whether:... 12 Use of Public Funds: Ethics Commission Advisory Opinion No. 2010-19: An Elected Public Official asks whether his office may use public funds to purchase funeral flowers..... 19 Ethics Commission Advisory Opinion No. 2010-24: A County BOE asks whether it may purchase property owned, in part, by a part-time Assistant Prosecutor or by a Chief Tax Deputy.... 22 Acceptance of Gifts or Reimbursement of Non-Essential Travel Expenses: Ethics Commission Advisory Opinion No. 2006-07: A State Employee asks if she may accept a door prize won in a random drawing at a training conference she attended..... 26 Ethics Commission Advisory Opinion No. 2010-11: A State Legislator asks whether the Ethics Act prohibits him from accepting a door-prize he won at a public reception?.... 28 Ethics Commission Advisory Opinion No. 2011-13: A State Agency asks whether its officials and employees in travel status may accept payment or reimbursement for health club or gym fees if the hotel does not provide free exercise facilities to lodgers.... 32 i
Contributions to Non-Profits: Ethics Commission Advisory Opinion No. 2010-04: An Attorney for a County Board of Education (BOE) asks whether the BOE may contract with a private non-profit charitable organization when one of the BOE members sits on the board thereof... 36 Ethics Commission Advisory Opinion No. 2011-12: An Attorney for a Town asks if the Town s elected officials may vote to appropriate funds to a non-profit organization on which they and/or their family members serve as board members and/or officers.... 41 Board Members Employment: Ethics Commission Advisory Opinion No. 2005-03: A County Board of Education Member asks if he may serve as an athletic coach receiving nominal compensation of $1 annually..... 46 Ethics Commission Advisory Opinion No. 2005-18: A County Board of Education Member asks if he can bid on and hold an assistant athletic coaching position in the school system, if he declines to accept any compensation for serving in that capacity.... 48 Ethics Commission Advisory Opinion No. 2010-15: An Elected Board of Education Member asks whether he may serve as a football official, for compensation, in the county school system.... 50 Ethics Commission Advisory Opinion No. 2010-16: An Elected Board of Education Member asks whether she may contract with the West Virginia Department of Education to facilitate on-line learning courses..... 54 Support of Special Levies: Ethics Commission Advisory Opinion No. 2010-23: A Member of a County Board of Education asks whether public resources, including personnel, may be used to promote the passage of an excess levy...... 57 Employment of Spouses of Board Members: Ethics Commission Advisory Opinion No. 2011-10: A County Board of Education (BOE) asks whether the spouse of a candidate for superintendent may continue to be employed by the BOE as a School Psychologist, and continue to serve as the Director of Student Services, if her spouse is selected as the new superintendent...60 Ethics Commission Advisory Opinion No. 2010-13: A Member of a County Board of Education (BOE) whose wife is employed by the BOE as one of four auditors in the Finance Department located in the Central Office asks for guidance as to when he may participate in the discussions and/or vote on matters affecting his wife s employment, including the BOE s annual budget......64 ii
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