FISCAL NOTE
Date Requested: February 03, 2020
Time Requested: 11:31 AM |
| Agency: |
Ethics Commission |
|---|
| CBD Number: |
Version: |
Bill Number: |
Resolution Number: |
| 2849 |
Introduced |
HB4658 |
|
|---|
| CBD Subject: |
Boards and Commissions |
|---|
|
FUND(S):
N/A
Sources of Revenue:
General Fund The Ethics Commission collects fines in complaint matters, and deposits these funds into a Special Fine Account, but the amount of these deposits varies from year to year.
Legislation creates:
Creates New Expense, Increases Existing Expenses
Fiscal Note Summary
Effect this measure will have on costs and revenues of state government.
Summarize in a clear and concise manner what impact this measure will have on costs and revenues of state government.
This bill would allow persons unlawfully denied access to public records to file a complaint with the Ethics Commission pursuant to the Ethics Act (Chapter 6B). Currently, the Freedom of Information Act (Chapter 29B) provides that “any person denied the right to inspect the public record of a public body may institute proceedings for injunctive or declaratory relief in the circuit court in the county where the public record is kept.”
The bill also modifies the Freedom of Information statute by allowing the filing of a complaint with the Ethics Commission for unlawful denial of access to records. It also adds provisions regarding electronic records, which do not fiscally impact the Ethics Commission.
The Ethics Commission is unable to predict with certainty the number of complaints which may be filed with the Ethics Commission against a public agency’s records custodian who is alleged to have intentionally violated the Freedom of Information Act. The Ethics Commission has made a good faith effort to estimate of amount of personnel and resources which will be required to fulfill its new duties if the Bill is passed.
The Ethics Commission has two full-time attorneys, two part-time attorneys, two administrative assistants and an Executive Director. If the bill passes, it will increase the workload of the staff although the extent of the increase cannot be predicted with certainty. If a significant number of FOIA complaints are filed and investigated, this could require the Commission to hire an additional attorney and a paralegal.
The Commission’s office space could accommodate one additional employee, but not two, so the Commission could need to locate larger office space.
In addition, the Commission will incur increased charges for additional computer file space for FOIA complaints, and it would need to purchase additional computers for new employees.
Fiscal Note Detail
| Effect of Proposal |
Fiscal Year |
2020
Increase/Decrease
(use"-") |
2021
Increase/Decrease
(use"-") |
Fiscal Year
(Upon Full
Implementation) |
| 1. Estmated Total Cost |
128,293 |
127,065 |
127,065 |
| Personal Services |
115,200 |
115,200 |
115,200 |
| Current Expenses |
13,093 |
11,865 |
11,865 |
| Repairs and Alterations |
0 |
0 |
0 |
| Assets |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
| 2. Estimated Total Revenues |
0 |
0 |
0 |
Explanation of above estimates (including long-range effect):
Please explain increases and decreases in personal services, current expenses, repairs and alterations, assets, other costs and revenues, including assumptions and data sources and delineation between start-up and ongoing costs. Please also include a long-range schedule of costs and revenues if fiscal impact is expected to vary in future years.
Personal Services would increase by $115,200 for each fiscal year. This is the cost of $60,000 for an attorney and $30,000 for a paralegal, plus employer premiums for health insurance and employer’s retirement contribution.
Current Expenses would increase in 2020 for two computers for two new employees ($1,228) and new office space in a different building to accommodate two new employees. The average square footage costs of buildings comparable to the Ethics Commission’s current space as of January 21, 2020, is $16.83 per square foot. Currently the Commission pays for 3,140 square footage of space and could accommodate one additional employee. Space elsewhere to accommodate one additional employee office of 120 square foot would result in an $11,865 increase in the annual rent.
Memorandum
Please identify any areas of vagueness, technical defects, reasons a bill would not have a fiscal impact, and/or any special issues not captured elsewhere on this form.
It appears that the Bill does not contain the current Code language for W. Va. Code
§ 29B-1-3 inasmuch as it omits the complete language of W. Va. Code § 29B-1-3(f).
The Ethics Act has a five-year statute of limitations for the filing of Ethics complaints against public officials and employees. The Legislature will need to consider whether the same statute of limitations should apply to allegations that a public custodian has violated the Freedom of Information Act or if a shorter statute of limitations is warranted.
Person submitting Fiscal Note: Rebecca L. Stepto, Executive Director, Ethics Comm
Email Address: Rebecca.L.Stepto@wv.gov