Harvey, 040517 WVAGO, AGO 040517

• Case Date: April 05, 2017
• Court: West Virginia

Mr. Matthew Harvey AGO 040517 No. 040517 West Virginia Attorney General Opinions State of West Virginia Office of the Attorney General April 5, 2017          Mr. Matthew Harvey          Prosecuting Attorney          Office of the Prosecuting Attorney of Jefferson County          120 S. George St, 2^nd Floor          Charles Town, WV 25414          Dear Prosecutor Harvey:          You have asked for an Opinion of the Attorney General regarding whether the Jefferson County Commission has any express or implied authority to indemnify an official for attorney fees incurred while defending himself or herself against an ethics complaint requesting no specific remedy or sanction. This Opinion is being issued pursuant to West Virginia Code § 5-3-2, which provides that the Attorney General "may consult with and advise the several prosecuting attorneys in matters relating to the official duties of their office." To the extent this Opinion relies on facts, it is based solely upon the factual assertions set forth in your correspondence with the Attorney General's Office.          In your letter, you explain that in August 2014 a citizen of Jefferson County filed an ethics complaint with the West Virginia Ethics Commission against the then-President of the Planning Commission of Jefferson County. You note that the ethics complaint did not specify the remedy sought. The ethics complaint alleged that the President improperly used his position on the Jefferson County Planning Commission for financial gain in the following ways: (1) While serving on the Planning Commission, he allegedly appeared before the Jefferson County Board of Zoning Appeals to argue in favor of granting a seasonal use variance to the "All Good" rock concert; (2) While serving as Planning Commission liaison, he allegedly appeared before the Jefferson County Development Authority to influence a vote in favor of the application; (3) As President of the Planning Commission, he allegedly presided over meetings in which a proposed mass gathering ordinance was watered down; and (4) He allegedly refused to disqualify himself from participation in the Planning Commission's work on the mass gathering ordinance.          The West Virginia Ethics Commission dismissed the case, and the then-President is seeking to have the Jefferson County Commission pay his legal expenses in defending against the complaint. You further explain that your office previously requested an opinion concerning whether or not the county had authority to reimburse the President for attorney fees under the standards set forth in W. Va. Code § 11 -8-31 a(b). Now you ask whether the County Commission has express or implied authority to reimburse the President under any provision.          Your letter raises the following specific legal question:

Does a county commission have express or implied authority to reimburse the President of the County Planning Commission for legal expenses paid in successfully defending against an ethics complaint seeking no specific remedy or sanction?

         We conclude that the West Virginia...