(a) Legislative immunity does not extend to activities by legislators that are administrative in nature rather than legislative. If the underlying facts on which a decision is based are legislative facts involving establishment of a general policy or state of affairs, then the decision is legislative. If the facts used in the decision making are more specific, such as those that relate to particular individuals or situations, then the decision is administrative.
(b) With regard to legislative personnel matters, whether a personnel decision regarding a legislative employee is shielded by legislative immunity depends upon the nature of the duties of the employee about whom the personnel decision is made. Personnel decisions regarding a legislative employee are afforded immunity if the employee's duties are directly related to the functioning of the legislative process and the duties:
(1) Involve work that significantly informs or influences the shaping of laws, such as when the employee has an opportunity for meaningful input into the legislative process; or
(2) Are peculiar to a legislator's work as a legislator or intimately cognate to the legislative process.
Structure West Virginia Code
Article 1A. Legislative Immunity
§4-1A-1. Purpose; Legislative Findings and Declarations
§4-1A-2. Applicability of Definitions
§4-1A-3. Legislative Act Defined
§4-1A-4. Legislative Sphere Defined
§4-1A-5. Political Act Defined
§4-1A-6. Scope of Legislative Immunity Generally
§4-1A-7. Legislative Immunity in Specific Instances
§4-1A-8. Actions Taken Without Lawful Authority Are Not Immune
§4-1A-9. Political Acts Are Not Privileged
§4-1A-10. Administrative Acts Are Not Immune
§4-1A-11. Certain Offers of Proof About Legislative Activities Not Prohibited
§4-1A-12. Legislative Acts of Legislative Staff, Aides or Assistants
§4-1A-13. Legislative Immunity From Ultimate Relief
§4-1A-14. Testimonial Immunity
§4-1A-15. Right to Interlocutory Appeal
§4-1A-16. Common Law Regarding Legislative Immunity Not Affected by the Enactment of This Article