Ethics Board Says Men Had Conflict Of Interest In FBO Vote

Two members on the board for Eastern West Virginia Regional Airport (MRB) in Martinsburg, WV were ordered recently not to vote on matters that could conflict with their financial interests in a local bank.

The Hagerstown (MD) Herald-Mail reports the order from the West Virginia Ethics Commission stems from a January 2007 complaint filed by Michael Folk. He alleged board members Stephen A. Cox and Robert A. McMillan should have abstained from voting on matters involving the fixed-base operator at MRB, Arcadia Aviation, as that company has a $2.6 million outstanding loan with Centra Bank.

Cox is Centra's senior vice president, and handles commercial lending; McMillan is on the board of the locally-controlled bank.

Both men denied violating the Ethics Act, but "acknowledge that citizens in this state may perceive a conflict of interest when they, as appointed board members of a governing body, vote on matters involving a customer of a business with which they have a financial relationship."

In an agreement reached between the men and the Ethics Commission, the men state "by entering into this conciliation agreement (they) are not admitting that their conduct violated any provisions of the Ethics Act nor is the Commission making a finding that a material violation of the Ethics Act was committed."

The agreement also requires Cox and McMillan to provide space for the Ethics Commission to hold training exercises on the state's Open Meetings and Ethics acts, and to ask their fellow Eastern West Virginia Regional Airport Authority board members to participate in training, and provide notice for the general public to also attend -- all in the interest of providing transparency in the Board's dealings.

The agreement ends an investigation into Folk's allegations by the West Virginia Probable Cause Review Board. While he feels the order is a suitable resolution to the matter, Folk adds the two men probably should have known better in the first place than to vote on matters involving Centra Bank.

"If (ethics) training is a requirement of (the conciliation) agreement, it is interesting to note, both of these men have been serving as public officials in various capacities for many years and knew what they were doing was wrong," Folk said.

FMI: www.wvdot.com/1_airports/1c15_martinsburg.htm, www.wvethicscommission.org