Paid commercials soon will be featured on video screens at West Virginia Division of Motor Vehicles regional offices, after the Ethics Commission on Thursday approved the arrangement - over strong objections from one commissioner.
"I think this is a horrible idea," Commissioner Michael Greer complained. "First of all, you've got a captive audience."
In its request for an advisory opinion, the DMV indicated that it is upgrading its electronic queuing systems at its regional offices. In addition to directing customers to particular windows for service, the new systems will be split-screen, with half the screen capable of displaying video content.
To defray costs of the new flat-screen TV monitors and the electronic queuing and video streaming technology, the DMV requested permission from the Ethics Commission to allow the system vendor to sell 18 minutes of paid advertising per hour. (The other 42 minutes would feature state-provided programming, including public service ads from the DMV and other state agencies, according to the request.)
Greer raised concerns about permitting paid advertising at the DMV offices, noting, "I could be watching, "Come to my law office - I handle car wrecks." I could see, "Buy a car and pay no interest for seven years."
(During the discussion, Commissioner Larry Tweel, who is a partner in a law firm in Huntington, recused himself, on the possibility that his firm might at some point-buy ads.)
Greer also objected to DMV patrons being forced to watch commercials while waiting for service.
"Our citizens shouldn't be compelled to have to watch ads in a public place," he said, adding, "Sometimes, the adult in the room has to stand up and tell people you're going down the wrong track - you can't do that."
However, other commissioners and commission attorneys concluded that the Ethics Act does not ban such advertising, so long as it does not constitute an official agency endorsement of any product or service. Commission attorneys noted that, in previous advisory opinions, the commission has allowed state agencies to sell advertising in newsletters, on websites and at conferences to defray costs.
"I don't think being annoyed is an ethics violation," Commissioner Betty Ireland said of Greer's objections.
However, Ireland raised concerns about the DMV running public service ads from other state agencies on the video screens - saying that would be ripe for abuse by elected officials.
"In the real world, the existence of these screens is going to be a free-for-all for public agencies, under the guise of public service, to showcase their public officials," she said. "It's free advertising."
She added, "Look at what goes on in the Capitol halls. You've got TV monitors in the halls running [video] loops of the public officials."
At Ireland's request, the Ethics Commission amended the advisory opinion to prohibit telecasting any non-DMV public service ads that include the name or image of elected officials.
"You're not in public office to get re-elected," she said of the amendment. "You're there to serve the public."
In its request, the DMV indicated that it will not accept any commercials for alcohol or tobacco products, campaign or electioneering ads, ads that violate "community standards of decency" or any ad for any "product or service which is contrary to the mission of the state."
The advisory opinion also requires that the DMV video telecasts feature a disclaimer that the commercials are paid advertisements and should not be considered an endorsement of any product or service.
In addition to prohibiting campaign ads, the opinion also bars the DMV from airing nonpolitical ads featuring people who are candidates for public office.
DMV spokeswoman Natalie Holcomb said Thursday that the division will be ready to go out for bids for the new electronic queuing/broadcast systems in the "very near future," with a goal of having the new systems in DMV regional offices in spring 2016.
"We do appreciate the Ethics Commission's advisory opinion," she said, "and we agree with it."
Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220 or follow @PhilKabler on Twitter.