CHARLESTON, W.Va. — West Virginia University has concluded basketball Coach Bob Huggins is on solid ground with commercials supporting the $1.6 billion road bond in the upcoming statewide vote.
“We believe Coach Huggins is in compliance with the Ethics Act,” said John Bolt, a spokesman for the university. “As has been noted, there are some circumstances where state employees are allowed to take a position, especially on bond issues, and we believe Coach Huggins has met those circumstances.”
West Virginia voters go to the polls Saturday to approve or reject the road bond amendment. Polls open at 6:30 a.m. and close at 7:30 p.m. The Secretary of State’s office reported 37,434 voters participated in the early period that ended Wednesday.
Huggins this week appeared in two advertisements publicly supporting the state road bond issue in advertisements cut for a pro-bond coalition.
He isn’t alone. West Virginia University President Gordon Gee also appears in a pro-bond commercial. So does Huggins’ counterpart at Marshall University, basketball Coach Dan D’Antoni.
All are state employees.
The line on public officials lending their support — or using public resources to support — the bond issue has been a theme throughout the campaign leading up to the official statewide vote this Saturday.
A section of state code under the recently-passed Trinkets Act gives broad latitude to state higher education employees including coaches and recruiters.
That section also specifies that the activity be approved as part of an employment contract or by the university president. Since Gee is in his own advertisement, it seems safe to think he’s OK with what Huggins did.
The prohibitions contained in this article do not apply to any person who is employed as a member of the faculty, staff, administration, or president of a public institution of higher education and who is engaged in teaching, research, consulting, coaching, recruiting or publication activities: Provided, That the activity is approved as a part of an employment contract with the governing board of the institution of higher education or has been approved by the employee’s department supervisor or the president of the institution by which the faculty or staff member is employed.
The West Virginia Ethics Act begins by saying all public servants are subject to it. The act prohibits any misuse of public resources involving more than a trifling or insignificant amount of time, funds, supplies, personnel or equipment.
A recent advisory opinion from the West Virginia Ethics Commission lends some parallels to the Huggins situation. The opinion was dated 2012, though — prior to the passage in 2016 of the West Virginia Trinkets Act, which regulates the use of images by state public officials.
In the advisory opinion by the Ethics Commission, a sheriff asked whether he could endorse his chief deputy or another candidate for public office. The sheriff wanted to use his public title for the endorsement, and he wanted to run advertisements.
MORE: Read the advisory opinion
The commission relied on a portion of state code dealing with how public office may be used. Key pieces include whether the use is minimal or whether it’s part of the usual duties of the role.
A public official or public employee may not knowingly and intentionally use his or her office or the prestige of his or her office for his or her own private gain or that of another person. Incidental use of equipment or
resources available to a public official or public employee by virtue of his or her position for personal or business purposes resulting in de minimis private gain does not constitute use of public office for private gain under this subsection. The performance of usual and customary duties associated with the office or position or the advancement of public policy goals or constituent services, without compensation, does not constitute the use of prestige of office for private gain.
In the case of the sheriff, the Ethics Commission found that it was fine for him to endorse his chief deputy or any other candidate for public office. The sheriff was not allowed to use public funds, though.
Other advisory opinions have also addressed how public officials may use the prestige of their office or other public resources.
A decision in one case cites a portion of West Virginia code that says a public official or public employee may not knowingly and intentionally use her or his office or the prestige of her or his office for her or his own private gain or that of another person.
In that case, a county commissioner was accused of using county personnel and prison inmates as resources for his own re-election campaign.
“Private gain includes political gain,” the advisory opinion in that case states.
Other advisory opinions of the Ethics Commission have said public employees may express support for levy or bond issues but within certain parameters.
“If staff members volunteer their time, they must perform their campaign activities on their own time, not during their public work hours. Additionally, they may not use public resources in furtherance of the campaign.”
A key point in the advisory opinions has been whether public officials may gain from the issue.
In the case of the road bond, Gov. Jim Justice has traveled the state telling audiences that if the bond doesn’t pass and the anticipated economic boost doesn’t come to be, then few choices will remain aside from further cuts to the state budget. The higher education system experienced millions of dollars in budget cuts this past year.
Huggins’ ads were shot in front of a wall of “Mountaineer Immortals.”
In one ad, Huggins says, “It’s a rough road on the recruiting trail, especially when you’re driving West Virginia’s beat up country roads. But we can change that when you vote yes for the road bond on Oct. 7. It’ll bring thousands of additional jobs without additional taxes. Sounds like a slam dunk to me.”
In another, he says, “As your coach, you expect me to win and do it in style. Sometimes it’s a rough road, but it doesn’t always have to be. This is where you come in. We need you to step up and be a part of the team. Just vote yes for the road bond.”
He concludes, “Our country roads need a ‘W’, and the key is your yes vote on Oct. 7.”
Gee’s version of the advertisement was released a couple of weeks ago. Gee also appeared in support of the bond issue at a “Roads to Prosperity” event with Justice in Morgantown.
Gee says in his ad: “Saturday October 7 is a transformative day for West Virginia. On that Saturday, we have a chance to transform the state by building new roads in every county, by not raising taxes and by creating jobs for 50,000 people. Vote yes. I’m voting for it, and I want everyone else to vote for it.”
West Virginia University sent out a note about the bond this week to faculty, students and staff — not telling them how to vote, but encouraging them to participate in the election.