SENATE
HOUSE
JOINT
BILL STATUS
WV CODE
REPORTS
EDUCATIONAL
CONTACT
home
home

Committee Substitute House Bill 2006 History

OTHER VERSIONS  -  Enrolled Version - Final Version  |  Introduced Version  |     |  Email


WEST virginia legislature

2017 regular session

Committee Substitute

for

House Bill 2006

By Delegate Shott, Mr. Speaker, Mr. Armstead, Hanshaw, Sobonya, Atkinson, Hill, Fleischauer, Pushkin, Lovejoy and Canestraro

[Originating in the Committee on the Judiciary]

A BILL to amend and reenact §6C-1-6 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for violating the Whistle-Blower Law; increasing the civil fine; clarifying that the civil fine is a personal liability; removing the authority of the court to suspend a person from public service; authorizing a Court’s finding of a violation to be deemed a finding of official misconduct and malfeasance in office; providing that a court finding of a violation may be relied upon as admissible evidence in any subsequent proceeding or petition to remove the person from public office; authorizing a Court’s finding of a violation to be relied upon by the public body as a basis to impose discipline upon an employee; and clarifying that a civil action, civil penalty or a court finding under this section is not a condition or prerequisite for a public body to take disciplinary action. 

Be it enacted by the Legislature of West Virginia:


That §6C-1-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 1. WHISTLE-BLOWER LAW.


§6C-1-6. Civil penalty; suspension termination from public service.

(a) A person who, as an employer or under color of an employer's authority, violates this article is personally liable for a civil fine of not more than $500 $5,000. Additionally, except where the person holds a public office by election or appointment, if the court specifically finds that the person, while in the employment of the state or a political subdivision, committed a violation of section three of this article with the intent to discourage the disclosure of information, the court may order the person's suspension from public service for not more than six months A civil fine which is collected under this section shall be paid to the State Treasurer for deposit into the General Fund.

(b) In addition to subsection (a) of this section, and notwithstanding any provision in this code to the contrary, if the court specifically finds that the person, while in the employment of a public body, committed a violation of section three of this article with the intent to discourage the disclosure of information, such finding: (1) shall be deemed a finding of official misconduct and malfeasance in office, and may be relied upon as admissible evidence in any subsequent proceeding or petition to remove the person from public office; and (2) may be relied upon by the public body as a basis to discipline the person, including, but not limited to, termination from employment: Provided, That nothing shall be construed as requiring a civil action, civil penalty or a court finding under this section as a condition or prerequisite for a public body to take disciplinary action against the person.  

 

NOTE: The purpose of this bill is to increase the penalties for violating the Whistle-blower Law. The bill additionally authorizes the termination from employment for a violation, instead of the current allowance of a suspension not to exceed six months.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.

 

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2017 West Virginia Legislature **
X

Print On Demand

Name:
Email:
Phone:

Print