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WV Code § 6B-3-11 (2021)
2021 West Virginia Code|Chapter 6B. Public Officers and Employees; Ethics; Conflicts of Interest; Financial Disclosure|Article 3. Lobbyists|§6B-3-11. Compliance Audits

(a) The Commission shall initiate, by lottery, random audits of lobbyist registration statements and disclosure reports required to be filed under this chapter on or after July 1, 2005: Provided, That the Commission may not conduct compliance audits pursuant to this section until it has proposed for promulgation and received final approval from the Legislature of a legislative rule in accordance with the provisions of chapter twenty-nine-a of this code setting forth, among other things, the manner in which the audit is to be conducted, the information, documents and materials to be considered during the audit, the selection and qualification of the Auditor(s), the audit procedures to be employed by the Auditors and the preparation and contents of any post-audit reports.(b) The Commission may hold up to four lotteries per year. The number of lotteries held within a given year will be a matter within the Commission's discretion.(c) The number of audits to be conducted will be determined by the Commission through resolutions adopted at public meetings and based on various factors, including the complexity, results and time required to complete the audits.(d) No lobbyist or lobbyist's employer will be subject to a random audit more than once in any 24-month period.
WV Code § 6C-1-1 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-1. Short Title

This article shall be known, and may be cited, as the "Whistle-blower Law."
WV Code § 6C-1-2 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-2. Definitions

The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise:(a) "Appropriate authority" means a federal, state, county or municipal government body, agency or organization having jurisdiction over criminal law enforcement, regulatory violations, professional conduct or ethics, or waste; or a member, officer, agent, representative or supervisory employee of the body, agency or organization. The term includes, but is not limited to, the office of the Attorney General, the office of the State Auditor, the commission on special investigations, the Legislature and committees of the Legislature having the power and duty to investigate criminal law enforcement, regulatory violations, professional conduct or ethics, or waste.(b) "Employee" means a person who performs a full or part-time service for wages, salary, or other remuneration under a contract of hire, written or oral, express or implied, for a public body.(c) "Employer" means a person supervising one or more employees, including the employee in question, a superior of that supervisor, or an agent of a public body.(d) "Good faith report" means a report of conduct defined in this article as wrongdoing or waste which is made without malice or consideration of personal benefit and which the person making the report has reasonable cause to believe is true.(e) "Public body" means any of the following:(1) A department, division, officer, agency, bureau, board, commission, court in its nonjudicial functions only, council, institution, spending unit, authority or other instrumentality of the State of West Virginia;(2) A commission, council, department, agency, board, court, in its nonjudicial functions only, official, special district, corporation or other instrumentality of a county or a municipality or a regional or joint governing body of one or more counties or municipalities; or(3) Any other body which is created by state or political subdivision authority or which is funded by thirty-five percent or more by or through state or political subdivision authority, or a member or employee of that body.(f) "Waste" means an employer or employee's conduct or omissions which result in substantial abuse, misuse, destruction or loss of funds or resources belonging to or derived from federal, state or political subdivision sources.(g) "Whistle-blower" means a person who witnesses or has evidence of wrongdoing or waste while employed with a public body and who makes a good faith report of, or testifies to, the wrongdoing or waste, verbally or in writing, to one of the employee's superiors, to an agent of the employer or to an appropriate authority.(h) "Wrongdoing" means a violation which is not of a merely technical or minimal nature of a federal or state statute or regulation, of a political subdivision ordinance or regulation or of a code of conduct or ethics designed to protect the interest of the public or the employer.
WV Code § 6C-1-3 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-3. Discriminatory and Retaliatory Actions Against Whistle-Blowers Prohibited; Promotion, Increased Compensation Protected

(a) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employees compensation, terms, conditions, location, or privileges of employment because the employee, acting on his or her own volition, or a person acting on behalf of or under the direction of the employee, makes a good faith report, or is about to report, verbally or in writing, to the employer or appropriate authority, an instance of wrongdoing or waste.(b) No employer may discharge, threaten, or otherwise discriminate or retaliate against an employee by changing the employees compensation, terms, conditions, location, or privileges of employment because the employee is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing, or inquiry held by an appropriate authority or in a court action.(c) No employer may deny a whistle-blower covered by the civil service system, because of his or her status or actions as a whistle-blower, a promotion or other increase in compensation that the whistle-blower otherwise would have received.
WV Code § 6C-1-4 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-4. Civil Action by Whistle-Blower for Violation; Limitation on Actions; Burden of Proof; Defense; Use of Evidence in Civil Service Proceeding; Grievance Action Available; Other Rights and Actions Not Limited

(a) A person who alleges that he or she is a victim of a violation of this article may bring a civil action in a court of competent jurisdiction for appropriate injunctive relief or damages, or both, within two years after the occurrence of the alleged violation.(b) An employee alleging a violation of this article must show by a preponderance of the evidence that, prior to the alleged reprisal, the employee, or a person acting on behalf of or under the direction of the employee, had reported or was about to report in good faith, verbally or in writing, an instance of wrongdoing or waste to the employer or an appropriate authority.(c) It shall be a defense to an action under this section if the defendant proves by a preponderance of the evidence that the action complained of occurred for separate and legitimate reasons, which are not merely pretexts.(d) An employee covered by the civil service system who contests a civil service action, believing it to be motivated by the employee having made a disclosure of information, may submit as admissible evidence any or all material relating to the action as whistle-blower and to the resulting alleged reprisal.(e) Any employee covered by the civil service system who has suffered a retaliatory action as a result of being a whistle-blower may pursue a grievance under the West Virginia Public Employees Grievance Procedure.(f) Nothing in this article shall impair or limit any other right or legal action of an employee covered by the civil service system.
WV Code § 6C-1-5 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-5. Redress for Whistle-Blower

A court, in rendering a judgment for the complainant in an action brought under this article, shall order, as the court considers appropriate, reinstatement of the employee, the payment of back wages, full reinstatement of fringe benefits and seniority rights, actual damages or any combination of these remedies. A court may also award the complainant all or a portion of the costs of litigation, including reasonable attorney fees and witness fees, if the court determines that the award is appropriate.
WV Code § 6C-1-6 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-6. Civil Penalty; 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 $5,000. 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.
WV Code § 6C-1-7 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-7. Limitations on Scope of Construction; Protections Related to Political Activity and Membership in Organization of Employee

(a) The provisions of this article shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing, or inquiry held by an appropriate authority or impair the rights of any employee covered by the civil service system to be a member of an organization of employees or to refrain from being a member of an organization of employees.(b) Except when on duty or acting in an official capacity, and except where otherwise prohibited by state or federal law, no employee covered by the civil service system may be prohibited from engaging in political activity or be denied the right to refrain from engaging in political activity.
WV Code § 6C-1-8 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 1. Whistle-Blower Law|§6C-1-8. Notice to Employees of Protection of Whistle-Blowers

An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations set forth in the provisions of this article.
WV Code § 6C-2-1 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 2. West Virginia Public Employees Grievance Procedure|§6C-2-1. Purpose

(a) The purpose of this article is to provide a procedure for the resolution of employment grievances raised by the public employees of the State of West Virginia, except as otherwise excluded in this article.(b) Resolving grievances in a fair, efficient, cost-effective and consistent manner will maintain good employee morale, enhance employee job performance and better serve the citizens of the State of West Virginia.(c) Nothing in this article prohibits the informal disposition of grievances by stipulation or settlement agreed to in writing by the parties, nor the exercise of any hearing right provided in chapter eighteen or eighteen-a of this code. Parties to grievances shall at all times act in good faith and make every possible effort to resolve disputes at the lowest level of the grievance procedure.(d) Effective July 1, 2007, any reference in this code to the education grievance procedure, the state grievance procedure, article twenty-nine, chapter eighteen of this code or article six-a, chapter twenty-nine of this code, or any subsection thereof, shall be considered to refer to the appropriate grievance procedure pursuant to this article.
WV Code § 6C-2-5 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 2. West Virginia Public Employees Grievance Procedure|§6C-2-5. Enforcement and Appeal

(a) The decision of the administrative law judge is final upon the parties and is enforceable in the circuit court of Kanawha County.(b) A party may appeal the decision of the administrative law judge on the grounds that the decision:(1) Is contrary to law or a lawfully adopted rule or written policy of the employer;(2) Exceeds the administrative law judge's statutory authority;(3) Is the result of fraud or deceit;(4) Is clearly wrong in view of the reliable, probative and substantial evidence on the whole record; or(5) Is arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.(c) A party shall file the appeal in the circuit court of Kanawha County within thirty days of receipt of the administrative law judge's decision. The decision of the administrative law judge is not automatically stayed upon the filing of an appeal, but a stay may be granted by the circuit court upon a separate motion for a stay.(d) The court shall review the entire record that was before the administrative law judge, and the court may hear oral arguments and require written briefs. The court may reverse, vacate or modify the decision of the administrative law judge, or may remand the grievance to the administrative law judge or the chief administrator for further proceedings.
WV Code § 6C-2-6 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 2. West Virginia Public Employees Grievance Procedure|§6C-2-6. Allocation of Expenses and Attorney's Fees

(a) Any expenses incurred relative to the grievance procedure at levels one, two or three shall be borne by the party incurring the expenses.(b) In the event a grievant or employer appeals an adverse level three decision to the circuit court of Kanawha County, or an adverse circuit court decision to the Supreme Court of Appeals of West Virginia, and the grievant substantially prevails upon the appeal, the grievant may recover from the employer court costs and reasonable attorney's fees for the appeal to be set by the court.
WV Code § 6C-2-7 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 2. West Virginia Public Employees Grievance Procedure|§6C-2-7. Mandamus Proceeding

Any employer failing to comply with the provisions of this article may be compelled to do so by a mandamus proceeding and may be liable to a prevailing party for court costs and reasonable attorney's fees to be set by the court.
WV Code § 6C-3-2 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 3. West Virginia Public Employees Grievance Board|§6C-3-2. Powers and Duties of the Board

The board shall:(1) Maintain jurisdiction over procedural matters in the grievance process;(2) Employ competent administrative law judges and a chief administrative law judge and pay them commensurately with other administrative law judges in the state, who shall be:(A) Residents of the State of West Virginia;(B) Members in good standing of the West Virginia State Bar; and(C) Persons who have knowledge and legal experience regarding public and education employment law and alternative dispute resolution;(3) Provide suitable office space for the board and the administrative law judges separate from any workplace in the public, educational and higher educational sectors, so that the administrative law judges are accessible statewide;(4) Hire, discharge, set the job requirements for and fix the compensation of the director, employees and administrative law judges, who serve at the will and pleasure of the board, necessary to enforce the provisions of this article and article two of this chapter;(5) Prepare and submit an annual budget;(6) Establish and provide all forms necessary for the grievance process and make them easily accessible;(7) Establish procedures to obtain and maintain records, outcomes and costs at each level of the grievance process;(8) Keep accurate and complete records of its proceedings and hearings and certify the records as may be appropriate;(9) Evaluate, on an annual basis, the grievance process, including written comment from employers, employees and employee organizations that participate in the process;(10) Submit an annual report to the Joint Committee on Government and Finance, the Legislature and the Governor that includes a compilation of all data received regarding outcomes and costs at each level of the grievance process;(11) File a mandamus proceeding against any employer failing to comply with the reporting requirements of this article; and(12) Take all other actions necessary and proper to effectuate the purposes of this article.
WV Code § 6C-3-3 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 3. West Virginia Public Employees Grievance Board|§6C-3-3. Data Collection and Reporting Requirements

(a) Each employer involved in a grievance matter shall maintain the forms and all records created in the grievance process, and shall provide this information to the board in the form and manner prescribed by the board.(b) The board shall obtain and maintain all records of grievance matters.(c) The board shall annually report to the Joint Committee on Government and Finance, the Legislature and the Governor. The report shall contain the following:(1) An overview of grievance-related issues;(2) The number of grievances against each employer;(3) Identification of each grievance by type of grievance, level of resolution and cost of the grievance, including the estimated cost of employee time to handle the grievance and actual cost of any legal time or damages paid in the resolution of the grievance;(4) The number and type of grievances granted, denied or resolved by other means, including informal resolutions and alternative dispute resolution, and the actual or estimated cost of handling the grievance at each level of the grievance process;(5) Any legislative recommendations for changes to the grievance process as a result of the data collected; and(6) The caseload of each administrative law judge, the type of grievance, the number of grievances resolved and the number of decisions issued.(d) Nothing contained in the annual report may breach the confidentiality of a party to the dispute, nor may any matter be disclosed if the disclosure may violate any provision of law.
WV Code § 6C-3-4 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 3. West Virginia Public Employees Grievance Board|§6C-3-4. Rule-Making Authority

(a) The rules established by the Education and State Employees Grievance Board in effect on the effective date of this article that are consistent with the provisions of this article and article two of this chapter remain in effect until they are amended, modified or repealed.(b) The board may adopt, modify, amend and repeal procedural rules promulgated in accordance with article three, chapter twenty-nine-a of this code, necessary to effectuate the provisions of this article and article two of this chapter including, but not limited to, procedures to create and distribute forms, obtain and maintain records and collect and report data.(c) The board shall adopt, modify, amend, repeal and enforce rules for legislative approval necessary to effectuate the provisions of this article and article two of this chapter, including any emergency rules, pursuant to article three, chapter twenty-nine-a of this code.
WV Code § 6C-3-6 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 3. West Virginia Public Employees Grievance Board|§6C-3-6. Review of the Grievance Procedure

On or before January 1, 2010, the Joint Committee on Government and Finance shall review the grievance procedure and the board, evaluate its usefulness and make recommendations concerning its continuation or termination.
WV Code § 6C-4-1 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 4. Compensation to State Employees for Training, Education and Professional Development|§6C-4-1. Definitions

As used in this article, the following words and terms have the following meanings, unless the context clearly indicates otherwise:(a) "Advanced professional development training" means any academy, class, conference, course, program, seminar or training attended by an employee that:(1) Is not required by his or her current position;(2) Is not required for the performance of his or her current job responsibilities; and(3) Is intended to develop a higher level of skill, to develop an increase in professional or technical knowledge, or to obtain an advanced level of professional accreditation."Advanced professional development training" does not include routine job training, training required for the employee's performance of his or her current job responsibilities, attendance at professional conventions, seminars, continuing professional education or any form of training required to renew an employee's professional accreditation or any training costing less than $1,000.(b) "Agency" means an administrative unit of state government, including, without limitation, any authority, board, bureau, commission, committee, council, division, section, or office within the executive branch of state government.(c) "Continuing professional education" means educational courses, seminars, lectures or programs necessary to maintain or renew an employee's professional accreditation.(d) "Employee" means any person who performs a full or part-time service for wages, salary, or other remuneration under a contract for hire, written or oral, express or implied, for an agency and receives advanced professional development training after the effective date of this article.(e) "Professional accreditation" means any certification, degree, advanced degree, endorsement or occupational license.(f) "Training compensation" means tuition and expenses, paid to an or on the behalf of an employee for advanced professional development training.
WV Code § 6C-4-2 (2021)
2021 West Virginia Code|Chapter 6C. Public Employees|Article 4. Compensation to State Employees for Training, Education and Professional Development|§6C-4-2. Agreements to Reimburse State Agencies for Training Compensation Paid to Employees; Rule-Authority

(a) Notwithstanding any other provision of this code to the contrary, an agency may require an employee to enter into a written reimbursement agreement to repay training compensation.(b) If an employee voluntarily leaves employment with the agency within one year after receiving advanced professional development training and becomes employed within one year with an entity other than the State of West Virginia, in a capacity which utilizes the advanced professional development training, the employee shall repay a pro rata portion of the training compensation as provided in the reimbursement agreement.(c) The Division of Personnel shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to set forth a standard reimbursement agreement form which provides the following minimum requirements:(1) Providing general contract language including terms and conditions of repayment;(2) Specifying types of advanced professional development training;(3) Requiring service no longer than one year;(4) Permitting and describing the circumstances an agency may withhold prorated amounts from any final payments due and owing to the employee; and(5) Providing exceptions for an employee who becomes injured or ill and can no longer perform his or her assigned job functions.