COMMITTEE SUBSTITUTE
FOR
H. B. 2492
(By Delegate Staton)
(Originating in the Committee on the Judiciary)
[April 3, 1997]
A BILL to amend article four, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirteen-a, relating to providing a criminal penalty for
willful violation of employee rights; requiring that
prosecution for a violation be brought by indictment;
prohibiting the firing of a school employee unless a
conviction is obtained and requiring that the provisions are
separate from and in addition to other relief; allowing for
trial by jury.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen-a, to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-13a. Willful violation; penalties.
(a) Any person who willfully and intentionally violates any provision of section seven-a, seven-b, eight-b, eight-c, eight-f,
eight-g or fourteen, of this article, or section two, six, seven,
eight or eight-a of article two, chapter eighteen-a of this code,
or section eighteen-a, article five, chapter eighteen of this
code with conscious disregard of the school employee's rights, is
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not less than five hundred nor more than five thousand
dollars.
(b) No person shall be prosecuted for any violation of this
section unless upon an indictment found and presentment made
within one year after the date of the commission of the
violation.
(c) No principal or other school employee shall be
terminated from their employment for an allegation brought under
this section unless such charge is brought in the manner
prescribed and a conviction is obtained.
(d) The provisions of this section are separate from and in
addition to any other relief that may be available at law for
violations of the provisions set forth herein.
(e) In any prosecution under this section, the defendant
shall have a right to a trial by jury.
NOTE: The purpose of this bill is to provide a criminal
penalty for willful violation of employee rights and thereby
deter such actions.
This section is new; therefore, strike-throughs and
underscoring have been omitted.