West Virginia Department of Transportation Secretary and Division of Highways Commissioner Jimmy Wriston has faced criticism for approving millions of dollars in contracts with a firm that employs his son.
Ethics experts say a previously unreported connection between another son of Wriston and the DOH raises further concerns about the appearance of a conflict of interest that could undermine trust in the agency and state government.
“Yeah, I don’t think this looks good for the commissioner,†John Pelissero, senior scholar in government ethics at the Markkula Center for Applied Ethics at Santa Clara University, said in a phone interview.
Alex Wriston, son of Jimmy Wriston, was selected for a highway program administrator position in the DOH in February 2022, according to DOT Transportation Public Information Specialist Jake Flatley.
The DOH employs highway administrator positions in each district to manage programs, Flatley said, adding that Alex Wriston’s workload includes road inventory assessments and adjustments, as well as district-wide maintenance plans for activities like filling potholes and mowing for District 1. District 1 consists of Kanawha, Boone, Clay, Mason and Putnam counties.
Gov. Jim Justice named Jimmy Wriston DOT secretary and DOH commissioner in October 2021.
The Gazette-Mail reported in September the DOH has paid a Pittsburgh-based engineering and consulting firm employing another son of Wriston, Adam Wriston, over $16.2 million since Justice appointed Jimmy Wriston DOT secretary and DOH commissioner, according to state Auditor’s Office data.
The DOH paid the firm employing Adam Wriston as an engineer, Michael Baker International, $41.7 million since Justice appointed Jimmy Wriston DOT deputy secretary in March 2019.
Adam Wriston joined Michael Baker full-time in April 2008 after working there as a college intern in May 2006, according to company spokeswoman Julia Covelli.
When asked to what extent Adam Wriston has been involved in working with the DOT on projects and in what capacity, Covelli said he has performed engineering design for bridge rehabilitation and replacement projects and also is a team leader on bridge inspection projects.
Alex Wriston’s job at the Division of Highways
Flatley said Alex Wriston has a $59,209 salary and was hired based on who was the most qualified candidate out of three interviewees for the highway program administrator position after being interviewed by a district manager and human resources representative.
A listing for the job supplied by the DOT shows knowledge of project planning methodologies, DOH maintenance standards, highway equipment and standard safety procedures were required, in addition to ability to read engineering plans and schedule maintenance crews.
The listed salary was $1,600 to $2,461 biweekly, with a posting opening date of Jan. 28, 2022, and closing date of Feb. 3, 2022.
Flatley did not respond to requests for information about Alex Wriston’s qualifications prior to his hiring.
Flatley said Wriston’s supervisor is District 1 Maintenance Engineer Kathy Rushworth, who reports to District 1 Manager Artie Matney, who in turn reports to Chief of District Operations Joe Pack.
Flatley called Wriston an employee “in good standing†in an email.
The DOT declined to respond to a request for comment from Jimmy or Alex Wriston.
The Governor’s Office did not respond to a request for comment.
‘Reassure the public’
A legislative rule adopted last year prohibits a public official from participating in decisions affecting the employment and working conditions of a relative or directly supervising a relative.
Patrick McGinley, a West Virginia University law professor and administrative law expert, said while it’s not unlawful for close relatives to work in state jobs where a parent is the top official, the agency should be open and transparent in assuring the public there was no special treatment in their hiring or conditions of employment.
Pelissero said if Alex Wriston’s hire into a position several levels below his father as commissioner was merit-based, it doesn’t necessarily constitute a conflict of interest.
“That said, the appearance of this is not good,†Pelissero said.
The problem, Pelissero said, is the potential for the public to believe the hiring of the DOT commissioner’s son within the department was due to the commissioner being in a position to make the hire possible.
“When situations in government present the appearance of something being done out of favoritism or because of the position that one occupies, it erodes the trust that the public has in that public official and in the part of state government that they are leading,†Pelissero said.
The cumulative effect of Alex Wriston working in Jimmy Wriston’s department while the latter Wriston approves contracts with a firm employing Adam Wriston is to create the appearance, accurate or not, that the DOT commissioner is using his position to benefit family members, Pelissero said.
“The right thing to do may have been to discourage the son, I realize the son’s an adult, from even applying for a job within the department that the father heads up,†Pelissero said.
A 2021 review by the National Conference of State Legislatures found West Virginia was one of 17 states with no explicit prohibition against nepotism in the legislative branch in state statute. The review cautioned other rules or conflict-of-interest provisions may apply.
The DOT is in the executive branch, but McGinley said sunlight and transparency are the best disinfectants to prevent corruption across government.
McGinley said one path to tightening and improving the enforceability of West Virginia law and regulations consists of:
- Requiring public notice to the Legislature and the agency’s website of the hiring or promotion of close family members of an agency official
- Including in the public notice the qualifications of the job and the number of applicants for the position
“To reassure the public that cronyism and nepotism are not acceptable in government, the Legislature should consider tightening West Virginia law and regulations to make them more strict and enforceable,†McGinley said in an email.
Potential conflict-of-interest
appearance pitfalls
Wriston’s approval of DOT contracts with Michael Baker amid its employment of his son as engineer could violate federal statute prohibiting an employee from a contracting agency from participating in awarding a contract supported by federal funds if a real or apparent conflict of interest is involved. The prohibition applies when an immediate family member has an interest in the awardee.
Wriston signed two contracts in 2020 for the DOH to pay over $25.7 million to Michael Baker, according to documents obtained by the Gazette-Mail through a Freedom of Information Act request. At the time, Wriston was DOT deputy secretary and DOH deputy commissioner.
The contracts were for quality assurance management for work on a segment of the four-lane Corridor H of the federal Appalachian Development Highway System from Kerens in Randolph County to Parsons in Tucker County. Most of Corridor H is open to traffic.
The Federal Highway Administration has provided roughly $2.05 billion in federal funding toward Corridor H since 1975, according to the agency.
Michael Baker provides engineering plan review, National Environmental Policy Act documentation preparation and construction inspection services for Corridor H, according to the firm.
Covelli has noted Michael Baker has a long history of partnering with state highways officials. Michael Baker designed the New River Gorge Bridge, which was completed in 1977, for state officials.
Federal Highway Administration statute prohibits any employee of a contracting agency from participating in the selection, award or administration of a contract supported by federal funds if a conflict of interest, “real or apparent,†would be involved. Such a conflict occurs, per the statute, if there is a financial or other interest in the awardee from the employee, any member of the employee’s immediate family, or the employee’s partner.
The FHWA has declined to comment directly on Wriston’s approval of the Corridor H contracts. An agency spokesperson has noted federal statute makes it the state’s responsibility to enforce the requirements of the section of code prohibiting real or apparent conflicts of interest.
“You just don’t want to place yourself or that part of state government that you’re heading in a position in which the public will come to believe that you may have done something to bring about this benefit to a member of your family,†Pelissero said.
