CHARLESTON, W.Va. – The West Virginia Ethics Commission issued public reprimands and assessed fines as part of settlement agreements with Arthur E. Kirkendoll, a former State Senator; Joseph R. Thorpe, former Mayor of West Union; and Tammy Porter, a former member of the West Union Town Council.
On April 5, 2018, the Commission approved a Conciliation Agreement with Kirkendoll in which he admitted that he had provided false information to the Ethics Commission in Financial Disclosure Statements filed with the Commission in 2014, 2015 and 2016, in violation of the West Virginia Governmental Ethics Act.
Kirkendoll, a member of the Legislature as a representative of the Seventh Senatorial District, was the sole owner of K&K Consulting. That company entered into an oral contract in 2013 with the Logan County Commission to provide consulting services.
Financial Disclosure Statement filers are required to report information relating to the preceding calendar year. In disclosures filed with the Ethics Commission in 2014, 2015 and 2016, Kirkendoll represented that neither he nor his spouse “had a contract for the sale of any goods or services to a state, county, municipal or other local governmental agency either directly or through a partnership, corporation or association in which either [he or his spouse] owned or controlled more than (10%) ten percent during the past calendar year.” During those years, Kirkendoll’s representation that he did not have a contract for services to a county governmental agency was false due to the existence of the contract between K&K Consulting and the Logan County Commission. Although he reported income from K&K Consulting for the relevant years, he failed to indicate as required that the income was related to a government entity. K&K Consulting has received approximately $2,500 per month in consulting fees from the Logan County Commission from January 2013 to the present. In addition to the public reprimand, the Commission ordered Kirkendoll to pay a $500 fine.
The Commission also issued a public reprimand on April 5, 2018, as part of a Conciliation Agreement with Thorpe, former Mayor of West Union. Thorpe’s son was an employee of the town’s maintenance department. Thorpe, as mayor, was not a voting member of the town’s council except as a tie-breaker, but presided over council meetings. Thorpe acknowledged that he participated in executive session discussions with council during two meetings regarding his son’s salary and another employment issue during late 2016. He also attended a third meeting of council regarding his son’s employment and, although he did not participate in discussions or vote, he failed to properly recuse himself by physically leaving the meeting room. Thorpe was also fined $250 and ordered to undergo training on the Ethics Act.
The Commission also has approved a Conciliation Agreement with Tammy Porter, a former member of the West Union Town Council. On December 12, 2016, Porter voted with other council members to write off as uncollectable past due water and sewage service accounts in the amount of $7,705.60. As a result of this vote, the town ceased attempts to collect money from the delinquent account holders. One of the delinquent accounts was Porter’s former business, The Beehive, which was listed as owing $461.49. Porter had consistently disputed the amount, contending that the business was charged for water and sewer service after it had closed.
The Ethics Act prohibits a public official from voting on a matter in which a business with which he or she is associated has a financial interest. In addition to the public reprimand, Porter was ordered to pay a fine of $250.
The Conciliation Agreements may be viewed on the Commission’s website at ethics.wv.gov.