| The jury took less than 30 minutes to find Gilmer County
Commissioner Larry B. Chapman not guilty of 22 misdemeanor
criminal charges against him.
The crowded courtroom applauded and 'whooped' in
celebration as Special Magistrate Beth Smith read the verdict.
Chapman faced charges of violating West Virginia Code 61-10-15 on
22 separate incidences.
The law intends to establish what constitutes
a conflict of interest, or "pecuniary interest" involving public employees.
The law states, in part, that no county commissioner may become
involved in a transaction where there is a conflict of interest
relationship -
directly or indirectly - in the proceeds of any contract or service, or in
furnishing any supplies in the contract if, as a member, he may have a
voice, influence or control.
Special Prosecutor Leslie Maze, of Elizabeth, claimed the 22 pieces of
evidence in the form of canceled checks showed Chapman, doing business as
Western Auto, was in fact inappropriately conducting business with
four Gilmer County entities he ultimately, as a commissioner,
has an authority or influence over.
The jury disagreed.
Chapman's attorney may have misled the jury by telling them there were
exceptions to the statute for "small purchases and emergencies."
But
according
to witness Lew Brewer, executive director of the West Virginia Ethics
Commission, the only provision for a waiver is pertaining to the Ethics Act,
not the "pecuniary interest" charges filed against the defendant.
Brewer acknowledged after his testimony that any waver the Ethics
Commission granted did not override State law under WV Code
61-10-15.
No evidence was presented suggesting Chapman
ever applied for a waiver of the Ethics Act.
Defense attorney Greg Campbell of Charleston maintained "no one
thought they were doing anything wrong."
Chapman said he contacted the
West Virginia Ethics Commission in the late 1990s. It apparently instructed
him not to involve his Western Auto Store in 'larger purchases,' or
'equipment
purchases.'
Chapman also communicated with the Ethics Commission once after
his initial arrest.
According to testimony Chapman refused to sell a washer and dryer
to the Gilmer County Ambulance Service because he believed it constituted
a "large" purchase totaling over $700.
However, witnesses called to
testify had differing views of what constitutes "large" or "emergency"
purchases.
The defense attorney suggested even a cellular phone purchase may
be an emergency.
Chapman's attorney summed up their case by saying, "If they're
emergencies in everyone
else's mind, but not the State of West Virginia, why is it wrong?"
Campbell appeared to ask the jury
to set aside the law and any question of a conflict of interest because
Chapman was acting in what he believed was the best interest of the
people of Gilmer County.
Campbell went on to say Chapman is a "good, honest, and decent man,"
and if he did make a mistake it wasn't worth finding him guilty and costing
his client the commission seat he's held for 20 years.
Clearly, the jury agreed with him.
Chapman's Western Auto Store has open accounts for the Gilmer
County Sheriff's Department, Gilmer County Ambulance Service,
Gilmer County Parks and Recreation and the Gilmer Public Service
District, according to court testimony.
Although some of the charges against Chapman reflected payments as
little as $1.50,
others, such as a cell phone and contract services with Verizon, totaled
over $400.
In the Verizon related transaction, Chapman co-signed the
county check
as a parks and recreation board member, then acted as sales agent
for Verizon in providing cellular service.
While public officials are typically concerned about the appearance
of impropriety, there are obvious gray areas in the law. These include a
lack of specific
definitions of what constitutes violating the ethics statutes, according
to Campbell.
Wood County Commissioner Rick Modesitt, a retired Parkersburg Chief of
Police,
said Wednesday public officials had to use caution in business dealings,
but if in
doubt either abstain from voting on the matter, or ask for guidance from
the ethics
commission.
On the other hand, Modesitt said in smaller communities an individual
may find it impossible to separate their role in government with their
profession.
He also believes what is in the best interest of the taxpayers should be
kept in
mind.
"Sometimes the ethics laws, if taken to extreme, can be counter-productive,"
Modesitt said.
One circuit court judge summed up his concern for ethics by saying, "The
appearance
of impropriety must be avoided. Even the suspicion of wrongdoing usually has
far greater implications than the deed itself."
The trial was held in a crowded courtroom, with more than
25 people in attendance, including several members of
Chapman's family, two I.L. Morris executives, and local attorney Tim
Butcher.
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