CHARLESTON, W.Va. — A 21-year-old state ethics rule barring West Virginia elected officials and public employees from accepting free admission to health clubs and exercise centers could be revised soon. The Ethics Commission on Thursday debated, but did not vote on a request from a state agency attorney seeking an exception to the health club ban for those traveling on government business.
At issue are hotels and motels that don’t have on-site exercise facilities, but provide passes or reimburse costs for guests to visit nearby health clubs.
Under a legislative rule adopted in 1990, public employees and officials are barred from accepting a variety of perks and benefits while traveling or attending conferences. In addition to being prohibited from accepting free passes to health clubs, public officials cannot accept free rounds of golf, for example.
Joan Parker, commission general counsel, noted that when the rule was adopted, hotels that featured health clubs typically provided premium facilities, offering massages and other spa services — a benefit distinct from today’s exercise and workout centers.In the request for an advisory opinion, the agency attorney noted that, these days, most hotels and motels provide exercise facilities at no additional charge to guests, and stated that agency staff should not be barred from accepting health club passes from those hotels that do not have on-site facilities.
“West Virginia is at the top of the list for obesity and other health problems,” the request noted. “The state should be encouraging people to exercise when traveling on government business.”Parker noted that a recent Ethics Commission advisory opinion similarly deemed that public employees’ participation in free or discounted wellness programs does not constitute a violation of the state Ethics Act’s prohibition on using public office for private gain.The commission on Thursday postponed a vote to approve the advisory opinion until August, after some commissioners raised questions, including former state Sen. Jack Buckalew.
“What would you say to the golfer who says, “I play golf for exercise?” he asked.
Parker said golf raises separate ethical issues, since the person who pays for the round of golf is effectively paying for access to the public official during the round.
Buckalew said he had other issues with the request, contending that public officials should be expected to carry out their public duties without the expectation of any “enticements,” such as access to exercise facilities when traveling.
Under the Ethics Act, the identities of individuals or agencies seeking advisory opinions are kept confidential.
By Phil Kabler

CHARLESTON, W.Va. — A 21-year-old state ethics rule barring West Virginia elected officials and public employees from accepting free admission to health clubs and exercise centers could be revised soon. The Ethics Commission on Thursday debated, but did not vote on a request from a state agency attorney seeking an exception to the health club ban for those traveling on government business.
At issue are hotels and motels that don’t have on-site exercise facilities, but provide passes or reimburse costs for guests to visit nearby health clubs.
Under a legislative rule adopted in 1990, public employees and officials are barred from accepting a variety of perks and benefits while traveling or attending conferences. In addition to being prohibited from accepting free passes to health clubs, public officials cannot accept free rounds of golf, for example.
Joan Parker, commission general counsel, noted that when the rule was adopted, hotels that featured health clubs typically provided premium facilities, offering massages and other spa services — a benefit distinct from today’s exercise and workout centers.In the request for an advisory opinion, the agency attorney noted that, these days, most hotels and motels provide exercise facilities at no additional charge to guests, and stated that agency staff should not be barred from accepting health club passes from those hotels that do not have on-site facilities.
“West Virginia is at the top of the list for obesity and other health problems,” the request noted. “The state should be encouraging people to exercise when traveling on government business.”Parker noted that a recent Ethics Commission advisory opinion similarly deemed that public employees’ participation in free or discounted wellness programs does not constitute a violation of the state Ethics Act’s prohibition on using public office for private gain.The commission on Thursday postponed a vote to approve the advisory opinion until August, after some commissioners raised questions, including former state Sen. Jack Buckalew.
“What would you say to the golfer who says, “I play golf for exercise?” he asked.
Parker said golf raises separate ethical issues, since the person who pays for the round of golf is effectively paying for access to the public official during the round.
Buckalew said he had other issues with the request, contending that public officials should be expected to carry out their public duties without the expectation of any “enticements,” such as access to exercise facilities when traveling.
Under the Ethics Act, the identities of individuals or agencies seeking advisory opinions are kept confidential.
By Phil Kabler