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Times-West Virginian - Fairmon
22 July 2007

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West Virginia Ethics Commissio

West Virginia, USA: Cops cry f

FAIRMONT � Folks might not give charitable contributions to fraternal police associations just to get a decal that they think might save them a ticket during a traffic stop, but just in case someone has that idea, the West Virginia Ethics Commission wants the practice stopped.

But their ruling � subject to passage by the West Virginia Legislature � that deals with the way all government agencies take charitable contributions goes further than just trying to stop the practice of Fraternal Orders of Police passing out decals.

The ruling also would prevent law enforcement groups and associations from soliciting contributions over the phone or in person and only allow them to do it in writing.

That has some members of the law enforcement community � and their representatives � protesting.

�They have no authority over associations,� said John Smith, president of the West Virginia Troopers Association and a trooper in North Central West Virginia. �The Ethics Commission was established to cover public employees and elected officials, but if you read the current statute, the Ethics Commission has no authority over organizations or associations.�

If the ruling were to pass the way it has been written now, the troopers association call center in Teays Valley, outside Charleston, would have to shut down and the group would be left without a real way to solicit contributions.

All that would be left to fund the association, Smith said, would be member dues. �That would be the only source of income that we would have to try to accomplish our goals,� Smith said. �It�s difficult. Unless you want to charge large sums of money to the membership, we would have no other source of income.�

Lew Brewer, executive director of the West Virginia Ethics Commission, said these rules apply to law enforcement agencies specifically because of an appearance that those members would have the ability to coerce people into giving donations.

�If someone from the highway department asked for contributions, most people don�t feel coerced,� he said.

Patrolman Glen Staley of the Fairmont Police Department, who also serves as treasurer of the Fraternal Order of Police Lodge 69, said his organization does not give out decals.

However, they do raise between $15,000 to $20,000 a year through phone solicitations, and all of that money goes to other charitable organizations, such as a youth football and baseball team and the annual Christmas Shop With a Cop event.

In that program, police officers take 50 to 60 children shopping around Christmas time to buy them each $150-$200 worth of clothes and toys.

�We would probably have to end the Shop With a Cop program and end all of our programs� if the ruling passes, Staley said. �That solicitation is one of the few ways we gain finances that we donate to different organizations throughout the year.�

John Dascoli, a Charleston attorney who represents the West Virginia Fraternal Order of Police, of which Lodge 69 is a member, and the West Virginia Deputy Sheriffs Association, said he has been monitoring the ruling during the entire process, which included a public hearing on June 7, according to Brewer, plus a 30-day public comment period.

At first, Dascoli said, the only ruling specific to the law enforcement associations was the one that would prevent the handing out of a decal, which he said his organizations were willing to accept.

�We were figuring out something instead of decals, like certificates and other items not displayed in automobiles,� he said.

But then, he said, the decision was made that the associations also would not be able to solicit contributions by telephone or in person, just in writing.

�My two groups and other groups cannot live with that,� he said. �It unlawfully singles out our groups for harsh treatment.�

At this point, Dascoli said, he will have to combat the ruling when the Legislature deals with it.

�We will definitely be fighting against it in the legislative process,� he said.

The review of charitable contributions to government agencies was prompted when one agency that Brewer declined to name asked for a ruling to provide clarity on what is and is not proper.

�The rules cover everybody that�s in public service, anyone in state government, county and municipal,� Brewer said.

That�s the first item that Smith said his organization protests, asserting that a fraternal organization or association should not be subject to Ethics Commission guidelines.

�The association members are not public employees,� he said. �The association is a private organization, just like the VFW or Mothers Against Drunk Driving. It receives no funding from the state, and our association has no control over public money.�

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Times-West Virginian - Fairmon22 July 2007

West Virginia, USA: Cops cry f

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Times-West Virginian - Fairmon
22 July 2007