H. B. 3169
(By Delegates Kominar, Varner and Swartzmiller)
[Introduced February 21, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section eleven, article nine-a, chapter
six of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; and to amend and reenact section
three, article two, chapter six-b of said code, all relating
to requiring advisory opinions to be published and indexed on
the internet; maintaining confidentiality.
Be it enacted by the Legislature of West Virginia:
That section eleven, article nine-a, chapter six of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; and that section three, article two,
chapter six-b, as amended, be amended and reenacted, all to read as
follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.
§6-9A-11. Request for advisory opinion; maintaining confidentiality.
(a) Any governing body or member thereof subject to the
provisions of this article may seek advice and information from the
executive director of the West Virginia ethics commission or
request in writing an advisory opinion from the West Virginia
ethics commission committee on open governmental meetings as to
whether an action or proposed action violates the provisions of
this article. The executive director may render oral advice and
information upon request. The committee shall respond in writing
and in an expeditious manner to a request for an advisory opinion.
The opinion shall be is binding on the parties requesting the
opinion.
(b) Any governing body or member thereof that seeks an
advisory opinion and acts in good faith reliance on the a written
advisory opinion has an absolute defense to any civil suit or
criminal prosecution for any action taken in good faith reliance on
the opinion. unless the committee was willfully and intentionally
misinformed as to the facts by the body or its representative
(c) All advisory opinions must be promptly published and
indexed on the internet by the commission and published and indexed
in the code of state rules by the secretary of state: Provided,
That before an advisory opinion is made public, any material which
may identify the person who is the subject of the opinion must to
the fullest extent possible, be deleted and the identity of the person may not be revealed. The committee and commission may take
appropriate action to protect from disclosure information which is
properly shielded by an exception provided for in section four of
this article.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS;
CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES;
DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS
AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES.
§6B-2-3. Advisory opinions; enforcement; applicability;
legislative review; rule making.
A person subject to the provisions of this chapter may make
application in writing to the ethics commission for an advisory
opinion on whether an action or proposed action violates the
provisions of this chapter or the provisions of section fifteen,
article ten, chapter sixty-one of this code and would thereby
expose the person to sanctions by the commission or criminal
prosecution. The commission shall respond within thirty days from
the receipt of the request by issuing an advisory opinion on the
matter raised in the request. All advisory opinions shall must be
promptly published and indexed on the internet by the commission
and published and indexed in the code of state rules by the
secretary of state: Provided, That before an advisory opinion is
made public, any material which may identify the person who is the subject of the opinion shall must,
to the fullest extent possible,
be deleted and the identity of the person shall may
not be
revealed. A person subject to the provisions of this chapter may
rely upon the published guidelines or an advisory opinion of the
commission, and any person acting in good faith reliance on any
such published guideline or advisory opinion shall be is immune
from the sanctions of this chapter and the sanctions of section
fifteen, article ten, chapter sixty-one of this code, and shall
have has an absolute defense to any criminal prosecution for
actions taken in good faith reliance upon any such the opinion or
guideline in regard to the sanctions of this chapter and the
sanctions of section fifteen, article ten, chapter sixty-one of
this code.
NOTE: The purpose of this bill is to require the Ethics
Commission to publish ethics and open governmental proceedings
advisory opinions on the internet.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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