MORGANTOWN — The West Virginia Ethics Commission is investigating whether City Attorney Ryan Simonton violated the Ethics Act by participating in the interview process that resulted in the selection of his former employer — Kay Casto & Chaney — for contracted legal services.
This following City Manager Paul Brake’s administrative decision to eliminate the city’s in-house counsel position in favor of a contract with a private firm, out of which Simonton now works.
The investigation was initiated by a complaint to the Ethics Commission from former City Councilor Ryan Wallace.
In a notice of investigation dated July 19, WV Ethics Commission Executive Director Rebecca Stepto points to WV Code 6B-2-5, which prohibits a full-time public employee from participating in a decision making process involving a vendor with whom he or she is seeking employment or has an agreement concerning future employment.
Prohibited participation, the code states, includes the offering of recommendations or advice. Another portion of the same code section cited in the notice prohibits a public official or employee from knowingly using public office for private gain.
Stepto explains the Ethics Commission Review Board will launch an investigation to determine whether it was a violation for Simonton to be included when the law firms seeking the city’s business were interviewed.
Brake said the decision to alter how the city handles its legal counsel is under his discretion as city manager. Further, the choice to continue working with Simonton, but through an outside practice, was previously given the all clear by the Ethics Commission.
Brake said he requested Simonton be present for the interviews so that Simonton could “provide information about the current scope of services provided by the city attorney’s office,” and help determine whether any of the responding firms’ existing clients could present a conflict for the firm if hired by the city.
The overhaul in how the city’s legal services are handled was introduced and implemented by Brake as a part of the city’s most recent budget process.
Wallace, who did not seek re-election in April and now lives in Toronto, was the lone vote against final approval of the budget due to questions about the changes that were not answered prior the budget vote.
A motion by Wallace to freeze the city’s budget for legal services at the previous fiscal year’s total, plus 2.5%, until council could further discuss the matter failed 4-3, with Ron Dulaney and former Councilor Mark Brazaitis voting in support.
Wallace said he became more concerned when he was informed that Simonton participated in the interview process, which took place well after the budget was approved. He believes that participation represents a possible violation of both the Ethics Act and the city’s charter.
“I want the city and the council to know that this is a serious thing. The ethics commission is treating it as such. I really feel like we should have looked at it ourselves as a council, but we didn’t, so I went to the next highest level. They agreed it’s worth looking at,” Wallace told The Dominion Post. “So we’ll see what happens from here.”
Prior to receiving confirmation of the ethics inquiry, The Dominion Post asked if the city had been contacted by the Ethics Commission regarding an investigation. Brake responded that he, personally, had not received correspondence from the Ethics Commission.
The notice of investigation was sent to Simonton.
Asked if Simonton received any such correspondence, Brake responded that the city had not received any “ethics violation notice.”
The city budgeted $460,000 for legal services in the current fiscal year, up from $387,678 the year before. According to the city’s retainer agreement with Kay Casto & Chaney, dated July 2, the majority of those funds will go toward the firm’s monthly retainer fee of $30,000.
