WEST VIRGINIA CODE
WVC 4 - 1 A- 10
§4-1A-10. Administrative acts are not immune.
(a) Legislative immunity does not extend to activities by
legislators that are administrative in nature rather than
legislative. If the underlying facts on which a decision is based
are legislative facts involving establishment of a general policy
or state of affairs, then the decision is legislative. If the
facts used in the decision making are more specific, such as those
that relate to particular individuals or situations, then the
decision is administrative.
(b) With regard to legislative personnel matters, whether a
personnel decision regarding a legislative employee is shielded by
legislative immunity depends upon the nature of the duties of the
employee about whom the personnel decision is made. Personnel
decisions regarding a legislative employee are afforded immunity if
the employee's duties are directly related to the functioning of
the legislative process and the duties:
(1) Involve work that significantly informs or influences the
shaping of laws, such as when the employee has an opportunity for
meaningful input into the legislative process; or
(2) Are peculiar to a legislator's work as a legislator or
intimately cognate to the legislative process.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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