State Public Health Officer Dr. Rahul Gupta will be able to accept a $2,000 cash award as part of winning a national public health service prize after all, following approval Thursday from the state Ethics Commission.
That comes a month after commissioners decided to postpone action on a draft advisory opinion that would have barred Gupta from accepting the cash award for winning the Milton and Ruth Roemer Prize for Creative Local Health Work from the American Public Health Association. Commissioners said they realized that precedent could have major implications on other awards to public officials and employees and possibly would eliminate monetary prizes for other public service awards, such as state Teacher of the Year.
"We want to make sure we are not stifling initiative by persons trying to excel in their fields," Commission Chairman Robert Wolfe said Thursday, in revisiting the advisory opinion.
The Ethics Act prohibits public officials and employees from accepting private-sector compensation for the performance of their normal public duties, and also prohibits them from accepting gifts from companies that do business, are soliciting business, or are regulated by their agency.
As approved Thursday, the advisory opinion concluded that the $2,000 award is in "recognition of outstanding creative and innovative work in public health," and not for Dr. Gupta's normal performance of duties, and that the association is not doing or seeking to do business with the state Bureau of Public Health.
Also Thursday, the Ethics Commission:
n Issued two more advisory opinions interpreting the new Trinkets Act, which bars public officials from using public funds for any self-promotional trinkets, advertising or entertainment.
In one instance, commissioners ruled that a county assessor may use personal funds to buy calendars and appointment books featuring his name and office, which the assessor indicated he distributes to individuals each December.
While nothing in the Trinkets Act bars officials from using personal funds to buy self-promotional items, commissioners clarified that the assessor may not give out those items at his county office, or while performing official duties outside the office.
In the second advisory opinion, requested by a different county assessor, commissioners concluded that the assessor's use of office letterhead, envelopes, business cards, property forms and door hangers featuring his name, title and contact information do not constitute self-promotional advertising, and are acceptable under the law.
n Imposed a $2,000 fine and a public reprimand against Dina B. Foster, general manager of the Pea Ridge Public Service District in Cabell County, for violating the Ethics Act by charging a total of $1,879 of personal expenses to her PSD-assigned credit card in 2012.
Foster reimbursed the PSD for the personal expenses after PSD directors discovered the unauthorized purchases, according to the conciliation agreement approved Thursday.
n Approved payment schedules for fines imposed on current Piedmont City Councilwoman Paula Boggs and former Councilwoman Grace Russell. Boggs and Russell were cited in October for violating the Ethics Act for voting to spend $10,000 of the small Eastern Panhandle town's funds for legal fees to defend then-city foreman John Shingler, who later plead guilty to charges of defrauding a federal agency.
Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220, or follow @PhilKabler on Twitter.