Justice administration cabinet member Mark Scott resigned recently after the Governor’s Office became aware that Scott was simultaneously soliciting funds for a conservative political action committee while working for the state.
Sources indicate it was a mutual parting of the ways since Justice’s tenure in office is ending soon and Scott had another job opportunity. Gov. Jim Justice told an Ogden Newspaper reporter, “I think Mark has done a good job in many ways, but maybe he got out over his skis and there are some real issues there.”
Those issues were reportedly Scott’s fundraising for Conservative Policy Action — a federally registered super PAC dedicated to promoting conservative candidates in West Virginia. The PAC announced last February that Scott would serve as the chairman of the board.
One source said they know of at least five associations that had been approached by Scott in an effort to raise money from their memberships for the PAC. Representatives of two associations confirmed the solicitation happened during business hours.
The sources said it put them in an uncomfortable position because of Scott’s senior rank in state government that is responsible for regulating a multitude of state agency functions, including purchasing, technology and the Public Employees Insurance Agency. One association executive director said he took a midday meeting with Scott because he thought it was state business, but it turned out to be a request for money for his PAC.
Our Brad McElhinny reached out to the State Ethics Commission, which said it “cannot confirm or deny whether Mr. Scott sought an ethics ruling or whether a state employee may serve as chairman of a political action committee.” However, the Executive Director Kim Webber added, “Public officials and public employees may not use public resources for political campaigns.”
The logical interpretation is that Scott could probably serve as chairman of the PAC, but he could not raise funds for it while he is on the job. Keep in mind that Scott was not a low level state worker. He was in a position of power and authority in state government that puts anyone doing business with the Department of Administration in a tenuous position if they were asked for a campaign contribution.
We reached out to Scott for his side of the story, but we did not hear back.
It would be naïve to believe all state workers avoid politics while on the job, and it is unreasonable to think ranking state officials do not mix campaigns with the state jobs sometimes. However, the Mark Scott episode stands out.
He was serving as the head of a PAC supporting particular candidates and openly soliciting contributions while administering the day-to-day operations of state government.
That does not pass the smell test, and it is the kind of behavior that causes West Virginians to lose confidence in their government.
