August 19, 2004

Ethics panel to investigate senator over Pete Dye vote

By Phil Kabler
Staff writer

A West Virginia Ethics Commission investigative panel has found probable cause that a state senator violated ethics law, the commission’s executive director said Wednesday.

Sen. Mike Ross, D-Randolph, voted to provide $750,000 for a tournament at the Pete Dye Golf and Sporting Club without disclosing that he has a financial interest in the Bridgeport facility.

A hearing by the full Ethics Commission on the charges against Ross will be held in Charleston in mid-November, Executive Director Lew Brewer said.

If Ross is found guilty of the violation at that hearing, he could receive a public reprimand from the commission and a fine of up to $1,000. The commission also could recommend that the Senate censure him for the violation.

The ethics complaint, filed in April by the West Virginia Citizen Action Group, charges that Ross violated state ethics laws when he voted for a bill to appropriate $750,000 of state tourism promotion funds to help underwrite the costs of the Pete Dye West Virginia Classic golf tournament, held at the course in July.

The bill passed the Senate on a 25-8 vote.

In its finding, the investigative panel concluded that there is probable cause to believe Ross violated an ethics provision prohibiting use of public office for private gain.

The panel held that Ross should not have voted on the bill, because a corporation in which he is the principal shareholder, Mike Ross Inc., has a $7.7 million loan outstanding to the owners of the golf course property. The company also owns about 170 acres of property adjacent to the course.

Norm Steenstra, executive director of WV-CAG, said Wednesday he is pleased that the Ethics Commission will hear the complaint, but somewhat disappointed the hearing won’t take place until more than a week after the Nov. 2 general election.

He said the complaint also highlights the need to toughen state ethics laws.

“It once again underscores how weak the ethics law is,” Steenstra said. “The worst thing that can happen to him for protecting an $8 million investment is a $1,000 fine.”

Steenstra said he doesn’t believe the House and Senate would have approved the appropriation by overwhelming margins if Ross had disclosed his interests in the golf course at the time.

Ross could not be reached for comment Wednesday.

In an April interview, he apologized for his vote on the bill, and said he would abide by whatever decision the Ethics Commission reaches on the ethics complaint.

At the time, Ross said he didn’t believe he personally benefited from the state’s sponsorship of the golf tournament. He said that the day the tournament ended, the $7.7 million loan outstanding to Fairway LLC would still be on the books.

“I just want to apologize to the people of West Virginia for voting that way, and creating the perception I was getting something for nothing,” he said at the time.

WV-CAG’s complaint also questioned whether Ross should have disclosed the loan on his annual financial statement to the Ethics Commission. Ross said he believed he was required to report personal loans, but said the commission form specifically states that debts resulting from the conduct of “businesses, professions or occupations” are not subject to ethics disclosure.

The complaint also raised questions about whether Ross accurately reported gifts received as part of the loan agreement.

As part of the loan, Ross and a business partner are entitled to free rounds of golf, free food and drinks from the course’s clubhouse and restaurant, and free merchandise from the club’s pro shop.

While the finding of probable cause cites the loan agreement and the ownership of property adjacent to the course, the charge against Ross is on the single count of voting on a matter in which he had a direct financial interest.

To contact staff writer Phil Kabler, use e-mail or call 348-1220.