§4-5-2. Powers and duties generally


Published: 2015

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WEST VIRGINIA CODE











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WVC 4 - 5 - 2

§4-5-2. Powers and duties generally.

     (a) The Commission on Special Investigations shall have the

power, duty and responsibility, upon a majority vote of the members

appointed, to:

     (1) Conduct a comprehensive and detailed investigation into

the purchasing practices and procedures of the state;

     (2) Determine if there is reason to believe that the laws or

public policy of the state in connection with purchasing practices

and procedures have been violated or are inadequate;

     (3) Determine if any criminal or civil statutes relating to

the purchasing practices and procedures in this state are necessary

to protect and control the expenditures of money by the state;

     (4) Investigate or examine any matter involving conflicts of

interest, bribery of state officials, malfeasance, misfeasance or

nonfeasance in office by any employee or officer of the state;

     (5) Conduct comprehensive and detailed investigations to

determine if any criminal or civil statutes have been violated at

any level of state government;

     (6) Determine whether to recommend criminal prosecution or

civil action for any violation, either criminal or civil, at any

level of state government and, if it is determined that action is

necessary, to make appropriate recommendation to the Attorney

General, prosecuting attorney or other authority empowered to act

on such recommendation; and

     (7) Make such written reports to the members of the Legislature between sessions thereof as the commission may deem

advisable and on the first day of each regular session of the

Legislature make an annual report to the Legislature containing the

commission's findings and recommendations including in such report

drafts of any proposed legislation which it deems necessary to

carry such recommendations into effect.

     (b) The commission is also expressly empowered and authorized

to:

     (1) Sit during any recess of the Senate and House of

Delegates;

     (2) Recommend to the judge of any circuit court that a grand

jury be convened pursuant to the provisions of section fourteen,

article two, chapter fifty-two of this code, to consider any matter

which the commission may deem in the public interest and, in

support thereof, make available to such court and such grand jury

the contents of any reports, files, transcripts of hearings or

other evidence pertinent thereto;

     (3) Employ such legal, technical, investigative, clerical,

stenographic, advisory and other personnel as it deems needed and,

within the appropriation herein specified, fix reasonable

compensation of such persons and firms as may be employed:

Provided, That such personnel as the commission may determine shall

have the authority to administer oaths and take affidavits and

depositions anywhere in the state.

     (4) Consult and confer with all persons and agencies, public (whether federal, state or local) and private, that have

information and data pertinent to an investigation; and all state

and local governmental personnel and agencies shall cooperate to

the fullest extent with the commission;

     (5) Call upon any department or agency of state or local

government for such services, information and assistance as it may

deem advisable; and

     (6) Refer such matters as are appropriate to the office of the

United States attorney and cooperate with such office in the

disposition of matters so referred.

     (c) Notwithstanding any provision of this code to the

contrary, specific personnel may be designated by the commission to

carry a firearm in the course of performing his or her official

duties: Provided, That as a precondition of being authorized to

carry a concealed weapon in the course of their official duties,

any such designated personnel must have first successfully

completed a firearms training and certification program which is

equivalent to that which is required of members of the state

police. The designated persons must also possess a license to

carry a concealed deadly weapon in the manner prescribed in article

seven, chapter sixty-one of this code.





Note: WV Code updated with legislation passed through the 2015 Regular Session

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