West Virginia Code § 11-8-26

Unlawful expenditures by local fiscal body
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(a) Except as provided in sections fourteen-b, twenty-five-a and twenty-six-a of this article, a
local fiscal body shall not expend money or incur obligations:
(1) In an unauthorized manner;
(2) For an unauthorized purpose;
(3) In excess of the amount allocated to the fund in the levy order; or
(4) In excess of the funds available for current expenses.
(b) Notwithstanding the foregoing and any other provision otf law to the contrary, a local
fiscal body or its duly authorized officials may not be penalized for a casual deficit which
does not exceed its approved levy estimate by more than three percent: Provided, That such
casual deficit is satisfied in the levy estimate for the succeeding fiscal year: Provided,
however, That in calculating a deficit for purposes of this section, account shall not be taken
of any amount for which the local fiscal body may be liable for the unfunded actuarial
accrued liability of the West Virginia Retiree Health Benefit Trust Fund or any amount
allocated to the local fiscal body as an employer annual required contribution that exceeds
the minimum annual employer payment component of the contribution, all as provided under
article sixteen-d, chapter five of this code.

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