The West Virginia Ethics Commission has concluded it cannot prevent an employee of the Legislature from avoiding the state’s newly passed “revolving door” ban if he changes his status from an employee to an independent contractor before the law takes effect on July 1, 2011.

Under the pending law, elected officials and certain high-ranking unelected employees will be forbidden from acting as lobbyists for one year after leaving public employment. The commission decided this law does not include independent contractors.

This decision comes after a request for an opinion by legislative counsel Donnie Adkins. The commission said it “is troubled” by the proposed maneuver but would be unable to bring him within the revolving door ban as an independent contractor.

The West Virginia Ethics Commission offers the opinion on their website.

Here is the Charleston Gazette’s coverage in the story, “Ethics loophole a cause of concern” by Phil Kabler.

This ethics bill, which takes effect on July 1, 2011, prohibits members of the state legislature, elected executive branch officials, agency heads, and certain other appointed officials from acting as lobbyists for one year after leaving office.

Additionally, this legislation will require a public official who files financial disclosure statements to reveal employment information and other “business interests” of his or her spouse.

The spousal disclosures are designed to shine light on additional conflicts of interest an official may have even without a personal stake in a matter.

Photo of the West Virginia State Capitol by Garkeith on Wikipedia.

The state supreme court has declared a special gubernatorial election must be held this year. Under West Virginia law, if a Governor vacates the office, the President of the Senate becomes “acting Governor” but may only do so for one year or less.

Last year, after the passing of Senator Byrd, then-Governor Manchin won a special election for the vacant Senate seat. Current “acting Governor” Earl Ray Tomblin and Secretary of State Natalie Tennant have each indicated they will be candidates in the October 4, 2011 election.

A proposed ethics law would create a “revolving door” restriction for former West Virginia elected officials and senior members of their staff.

Under House Bill 2464, these people would have to wait one year after leaving office before acting as a lobbyist at the state level. A more controversial aspect of this bill would require public officials to disclose their spouse’s source of income in campaign disclosure filings.

A similar bill was proposed last year but stalled in the Senate Finance Committee.

Photo of the West Virginia state capitol building by Analogue Kid on Wikipedia.

With the passage of House Bill 201, a special election has been authorized to fill the vacant Senate seat long held by U.S. Senator Robert Byrd, who passed in June.   Governor Manchin signed the bill late Monday night.

There will be a special primary election on August 28^th and a special general election on November 2^nd in conjunction with the mid-term congressional contests.   Joe Manchin, a popular two-term governor has announced his intentions to run for this senate seat.

In a political compromise, this legislation declares November’s special election a “legally separate” contest from the general election, meaning Rep. Shelly Moore Capito, considered the top Republican candidate for the seat, may run for Byrd’s seat without giving up her seat in the House.  The filing period for the special election begins Tuesday morning and will last through 5 p.m. Friday.

Attorney General Darrell McGraw issued a statement suggesting a special primary election be held in November to begin the process of filling U.S. Sen. Robert Byrd’s seat despite the fact current law does not allow for it. Byrd, who served in the Senate for more than 50 years, passed away on June 28, 2010. The initial ruling from Secretary of State Natalie Tennant says the election may not be held until November, 2012 because the filing deadline to be a candidate has passed. McGraw says Tennant’s ruling does not give enough weight to the Seventeenth Amendment of the Constitution, which provides for popular election of Senators and only temporary appointments. Under McGraw’s plan, the legislature would actually change the state election code to allow for an election this year under these circumstances. Governor Joe Manchin has indicated he will speak with legislative leadership about changing the election code at the special session scheduled to convene on July 19, 2010.

West Virginia Secretary of State Natalie Tennant has announced a special election will not be held this year to fill the seat of Senator Robert Byrd, who passed away on June 28, 2010.  Under West Virginia law, Governor Joe Manchin will appoint someone to serve until a replacement is elected at the next possible election.  Senator Byrd’s replacement cannot be elected in the November, 2010 election, however, because the filing period for candidates has long passed.  This means there will be two elections for the same Senate seat in November 2012.  One will be a special election for the remaining five weeks of Byrd’s term, and the other will be for a full six-year term since Byrd was due to stand for re-election in 2012 regardless.

Photo from Wikipedia.