§4-1A-10. Administrative acts are not immune

Published: 2015

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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

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.