Personal Liabilty

 

Focusing on the specific personal liability of board members is a powerful strategy. In West Virginia, public officials often assume their "official" status shields them from the consequences of board decisions, but state law and ethics codes create several openings for personal accountability when competitive bidding is bypassed.

To make the script as effective as possible, we can highlight these three specific legal "pressure points":

1. Criminal Misdemeanor Liability

Under several sections of the West Virginia Code (such as §20-14-10 and §20-17-9), any person who violates state purchasing and bidding procedures is guilty of a misdemeanor.

• The Penalty: If convicted, a board member can face a fine of up to $1,000 and/or confinement in jail for 10 days to one year.

• The Script Point: Remind the board that a "vote to bypass" is not just a procedural error—it is a criminal act under state law that attaches to the individual who casts the vote.

2. The "Bad Faith" Exception to Immunity

While public officials generally have qualified immunity, West Virginia Code §31E-8-831 and related standards for directors specify that immunity does not apply if the conduct is:

• Not in good faith.

• A decision the director did not reasonably believe was in the best interest of the corporation/public.

• A knowing violation of law.

• The Script Point: By formally putting them on notice tonight that this "lease" or "negotiated sale" structure likely violates competitive bidding statutes (like §5A-3), you strip away their "good faith" defense. If they proceed anyway, they are acting with "actual knowledge" of the illegality, which can open them up to personal lawsuits.

3. West Virginia Ethics Act Violations

The WV Ethics Commission strictly prohibits public servants from using their position for "private gain" or the "private gain of another" (§6B-2-5).

• The Risk: Bypassing competitive bidding to hand a 15-year contract to a specific private vendor can be interpreted as a move to benefit that vendor at the public's expense.

• The Penalty: Violations can lead to public reprimand, fines of up to $5,000 per violation, and even removal from office.

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Suggested "Liability Pivot" for the Script:

"I want to be very clear for the record: West Virginia law does not grant you a blank check of immunity when you knowingly bypass competitive bidding requirements. Under WV Code, a deliberate violation of purchasing procedures is a misdemeanor punishable by jail time.

Furthermore, by ignoring the legal requirements for public bidding, you are stepping outside the protections of your office. You may be held personally liable in a court of law for 'bad faith' actions and 'knowing violations' of the law. Tonight, you are being formally advised of these statutes; should you proceed, you do so without the shield of good faith."

Would you like me to integrate these specific code citations into a final draft of the 3-minute speech?