A state delegate's re-election campaign can buy cards that replicate the delegate's official legislative business card on one side, the state Ethics Commission ruled Thursday, despite objections from one commissioner.
"I just think it stinks, the whole thing," said Commissioner Betty Ireland, a former secretary of state.
"We're going to get call after call, complaint after complaint on this because it will look like he used his official House card for his re-election," Ireland said.
The delegate, whose name was not disclosed under commission confidentiality rules, sought permission to use campaign funds to buy business cards, with his official legislative card on one side and his campaign slogan, website address and telephone number on the other.
Commission attorneys concluded the cards would not violate the new "trinkets law" provision of the Ethics Act, which sharply restricts the ability of public officials to feature their names or images on publicly funded items of various types.
Commissioners approved the advisory opinion with several stipulations requested by Ireland, including requiring the delegate to determine if there are any House of Delegates rules prohibiting use of official business cards as campaign materials and to verify with the secretary of state's office that the use of the state seal on the card is acceptable under the circumstances.
"When I was up there, you had to request permission, and in fact, you had to pay to use the state seal," said Ireland, who served as secretary of state from 2005 to 2009.
Commissioners also stipulated that there must be disclaimers on both sides of the card stating that it is paid campaign material. Initially, the disclosure was only to be on the campaign side of the card.
Also Thursday, the commission:
n Determined that a county clerk would not be violating the trinkets law if charitable organizations recognized her by name and title for her personal donations.
One example discussed Thursday was a charity golf tournament that recognizes key donors with signs at the tees of each hole on the course.
Commissioners concluded that would not violate the law's restrictions on use of officials' names or images in promotional materials, and it also would not violate another provision of the Ethics Act that prohibits public officials from making commercial endorsements.
n Approved employment exemptions for six state employees, including four ranking members of the Tomblin administration: Chief of Staff Chris Stadelman, Legislative Affairs Director Joseph Garcia, Director of Scheduling Sherrie Stone and Department of Environmental Protection Secretary Randy Huffman.
Under the Ethics Act, elected officials and high-ranking staffers cannot seek employment with regulated persons or businesses for one year after leaving public service. Since the governor's office effectively has regulatory authority over all individuals and businesses in the state, the governor's office staffers could not even discuss employment opportunities anywhere in the state without obtaining the "revolving door" exemption.
"We're going to have a bunch of these, and probably a bunch more coming due to the nature of changeover at the Capitol," said Ethics Commissioner Chairman Robert Wolfe, referring to the end of Gov. Earl Ray Tomblin's term of office in mid-January. Under the state constitution, Tomblin is barred from serving a third consecutive term.
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