West Virginia Code
Article 8. Levies
§11-8-31. Criminal Liability of Official Violating Provisions of Article; Proceeding for Removal

A person who in his official capacity willfully violates the provisions of this article shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than $500, or confined in jail not more than one year, or both. Upon conviction he shall also forfeit his office: Provided, That no liability shall arise under the provisions of this section so far as obligations may have been incurred or may be incurred prior to the time tax levies may be made under the provisions of this article by fiscal bodies having for their purpose the maintenance and operation of free schools or other governmental functions for the fiscal year one thousand nine hundred thirty-three--one thousand nine hundred thirty-four.
Proceedings for the removal of a member of a local fiscal body who has willfully or with gross negligence violated any of the provisions of this article shall be brought and maintained in accordance with and shall be subject to the provisions of section seven, article six, chapter six of this code.
An attested copy of the petition and the charges contained therein shall be served upon the defendants at least twenty days prior to the date of hearing. No other pleading or notice of the proceedings shall be necessary.
If any person in his or her official capacity participates in an illegal expenditure and in so doing acts in accordance with and upon the advice of his or her statutory attorney or duly appointed attorney, which advice was asked for, received and given in good faith, such person so acting shall not be deemed guilty of gross negligence or of willfully violating any of the provisions of this article but may be found to have so acted in a negligent manner and may be proceeded against for the recovery of the amount illegally or improperly expended, both personally or upon his or her official bond.

Structure West Virginia Code

West Virginia Code

Chapter 11. Taxation

Article 8. Levies

§11-8-1. Declarations

§11-8-2. Legislative Findings

§11-8-3. Purposes

§11-8-4. Definition of Taxing Units

§11-8-5. Classification of Property for Levy Purposes

§11-8-6. Aggregate of Taxes on Different Classifications; Taxing Units Authorized to Lay Levies

§11-8-6a. Levies on Each Classification by Board of Public Works

§11-8-6b. Maximum Levies on Each Classification by County Courts; Order of Levies

§11-8-6c. Maximum Levies on Each Classification by County Boards of Education; Order of Levy; Exceeding Levy for School Bond Issues

§11-8-6d. Maximum Levies on Each Classification by Municipalities; Order of Levy

§11-8-6e. Effect on Regular Levy Rate When Appraisal Results in Tax Increase; Public Hearings

§11-8-6f. Regular School Board Levy Rate; Creation and Implementation of Growth County School Facilities Act; Creation of Growth County School Facilities Act Fund

§11-8-6g. Effect on Special Levy Rates When Appraisal Results in Tax Revenue Increase; Public Hearings

§11-8-7. Increase of Current Expense Levies When Debt Levies Not Required

§11-8-8. Levies by Board of Public Works; Certification

§11-8-9. Meetings of Local Levying Bodies

§11-8-10. Levy Estimate by County Court; Certification to Tax Commissioner and Publication

§11-8-10a. Adjourned Session of County Court to Hear Objections to Proposed Levies; Approval of Estimate and Levy by Tax Commissioner; First Levy for Bonded Indebtedness, Second for Indebtedness Not Bonded, Then for Current Expenses

§11-8-11. Certification of Levy Order; Duties of Clerk, Assessor and Collecting Officer; Delinquent Lists

§11-8-12. Levy Estimate by Board of Education; Certification and Publication

§11-8-12a. Adjourned Session of Board of Education to Hear Objections to Proposed Levies; Approval of Estimate and Levy by Tax Commissioner; First Levy for Bonded and Other Indebtedness and Indebtedness Not Bonded, Second for Permanent Improvement Fu...

§11-8-13. Certification of Levy Order to Tax Commissioner and County Superintendent; Reports by Superintendent of Levies; Extension and Collection of Levies

§11-8-14. Levy Estimate by Municipality; Certification to Tax Commissioner and Publication

§11-8-14a. Adjourned Session of Municipal Governing Body to Hear Objections; Approval of Levies by Tax Commissioner; First Levy for Bonded Indebtedness and Indebtedness Not Bonded, Then for Current Expenses

§11-8-14b. Levy of Additional Tax

§11-8-15. Certification of Municipal Levies

§11-8-16. What Order for Election to Increase Levies to Show; Vote Required; Amount and Continuation of Additional Levy; Issuance of Bonds

§11-8-17. Special Levy Elections; Notices; Conduct of Election; Supplies; Canvass of Returns; Form of Ballot

§11-8-18. Tax Commissioner to Furnish Forms of Statements and Attorney General to Furnish Forms for Elections

§11-8-20. Levy Apportioned to Taxing District for Current Expense but Not Needed May Be Used for Its Debt Purposes or Passed on to Lesser Taxing District for Debt Purposes

§11-8-21. Amount of Levy, With Consent of Tax Commissioner, When Fiscal Body Required by Law to Levy for Indebtedness, Property Within Municipality Not Being Subject to Levy

§11-8-22. Supersedeas to Levy Order; Rescission or Reversal; Return of Money Collected; Recovery by Action

§11-8-23. Statement of Fiscal Body When Levies Not Sufficient to Meet Requirements of Existing Contractual Indebtedness

§11-8-24. Petition for Review of Findings of Tax Commissioner and Levy Order; Notice of Intention to File; Intervention; Hearing and Findings; Appeal to Supreme Court of Appeals; Refund if Liens Found Excessive; Recovery by Action

§11-8-25. Funds Expended Only for Purposes for Which Raised

§11-8-25a. Right of County Court to Expend Surplus Funds for Equalization and Revaluation

§11-8-26. Unlawful Expenditures by Local Fiscal Body

§11-8-26a. Revision of Levy Estimate

§11-8-27. When Indebtedness, Contracts or Drafts Are Void

§11-8-28. Suit to Recover Unlawful Expenditure or to Cancel Obligation

§11-8-29. Personal Liability of Official Participating in Unlawful Expenditure

§11-8-30. Recovery of Unlawful Expenditure From Participating Official by Action; Costs

§11-8-31. Criminal Liability of Official Violating Provisions of Article; Proceeding for Removal

§11-8-31a. Recovery of Attorneys' Fees Authorized

§11-8-32. Publication

§11-8-33. Exceptions as to Fiscal Year Beginning July 1, 1961, and as to City of Huntington