H. B. 2023
(By Delegate Ennis)
[Introduced February 14, 2001; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections eight and eight-a, article
four, chapter eighteen-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to providing a pay grade H for master electricians.
Be it enacted by the Legislature of West Virginia:
That sections eight and eight-a, article four, chapter
eighteen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted, all to
read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-8. Employment term and class titles of service personnel;
definitions.
(a) The purpose of this section is to establish an employment term and class titles for service personnel. The
employment term for service personnel may be no less than ten
months. A month is defined as twenty employment days:
Provided,
That the county board may contract with all or part of these
service personnel for a longer term. The beginning and closing
dates of the ten-month employment term may not exceed forty-three
weeks.
(b) Service personnel employed on a yearly or twelve-month
basis may be employed by calendar months. Whenever there is a
change in job assignment during the school year, the minimum pay
scale and any county supplement are applicable.
(c) Service personnel employed in the same classification
for more than the two hundred day minimum employment term shall
be paid for additional employment at a daily rate of not less
than the daily rate paid for the two hundred day minimum
employment term.
(d) No service employee, without his or her agreement, may
be required to report for work more than five days per week and
no part of any working day may be accumulated by the employer for
future work assignments, unless the employee agrees thereto.
(e) If an employee whose regular work week is scheduled from Monday through Friday agrees to perform any work assignments on
a Saturday or Sunday, the employee shall be paid for at least
one-half day of work for each day he or she reports for work, and
if the employee works more than three and one-half hours on any
Saturday or Sunday, he or she shall be paid for at least a full
day of work for each day.
(f) Custodians, aides, maintenance, office and school lunch
employees required to work a daily work schedule that is
interrupted, that is, who do not work a continuous period in one
day, shall be paid additional compensation equal to at least one
eighth of their total salary as provided by their state minimum
salary and any county pay supplement, and payable entirely from
county funds:
Provided, That when engaged in duties of
transporting students exclusively, aides shall not be regarded as
working an interrupted schedule. Maintenance personnel are
defined as personnel who hold a classification title other than
in a custodial, aide, school lunch, office or transportation
category as provided in section one, article one of this chapter.
(g) Upon the change in classification or upon meeting the
requirements of an advanced classification of or by any employee,
the employee's salary shall be made to comply with the requirements of this article, and to any county salary schedule
in excess of the minimum requirements of this article, based upon
the employee's advanced classification and allowable years of
employment.
(h) An employee's contract as provided in section five,
article two of this chapter shall state the appropriate monthly
salary the employee is to be paid, based on the class title as
provided in this article and any county salary schedule in excess
of the minimum requirements of this article.
(i) The column heads of the state minimum pay scale and
class titles, set forth in section eight-a of this article, are
defined as follows:
(1) "Pay grade" means the monthly salary applicable to class
titles of service personnel;
(2) "Years of employment" means the number of years which an
employee classified as service personnel has been employed by a
board in any position prior to or subsequent to the effective
date of this section and including service in the armed forces of
the United States, if the employee were employed at the time of
his or her induction. For the purpose of section eight-a of this
article, years of employment shall be limited to the number of years shown and allowed under the state minimum pay scale as set
forth in section eight-a of this article;
(3) "Class title" means the name of the position or job held
by service personnel;
(4) "Accountant I" means personnel employed to maintain
payroll records and reports and perform one or more operations
relating to a phase of the total payroll;
(5) "Accountant II" means personnel employed to maintain
accounting records and to be responsible for the accounting
process associated with billing, budgets, purchasing and related
operations;
(6) "Accountant III" means personnel who are employed in the
county board office to manage and supervise accounts payable
and/or payroll procedures;
(7) "Aide I" means those personnel selected and trained for
teacher-aide classifications such as monitor aide, clerical aide,
classroom aide or general aide;
(8) "Aide II" means those personnel referred to in the "Aide
I" classification who have completed a training program approved
by the state board, or who hold a high school diploma or have
received a general educational development certificate. Only personnel classified in an Aide II class title may be employed as
an aide in any special education program;
(9) "Aide III" means those personnel referred to in the
"Aide I" classification who hold a high school diploma or a
general educational development certificate and have completed
six semester hours of college credit at an institution of higher
education or are employed as an aide in a special education
program and have one year's experience as an aide in special
education;
(10) "Aide IV" means personnel referred to in the "Aide I"
classification who hold a high school diploma or a general
educational development certificate and who have completed
eighteen hours of state board-approved college credit at a
regionally accredited institution of higher education, or who
have completed fifteen hours of state board-approved college
credit at a regionally accredited institution of higher education
and successfully completed an in-service training program
determined by the state board to be the equivalent of three hours
of college credit;
(11) "Audiovisual technician" means personnel employed to
perform minor maintenance on audiovisual equipment, films, supplies and the filling of requests for equipment;
(12) "Auditor" means personnel employed to examine and
verify accounts of individual schools and to assist schools and
school personnel in maintaining complete and accurate records of
their accounts;
(13) "Autism mentor" means personnel who work with autistic
students and who meet standards and experience to be determined
by the state board:
Provided, That if any employee has held or
holds an aide title and becomes employed as an autism mentor, the
employee shall hold a multiclassification status that includes
aide and autism mentor titles, in accordance with section eight-b
of this article;
(14) "Braille or sign language specialist" means personnel
employed to provide braille and/or sign language assistance to
students:
Provided, That if any employee has held or holds an
aide title and becomes employed as a braille or sign language
specialist, the employee shall hold a multiclassification status
that includes aide and braille or sign language specialist title,
in accordance with section eight-b of this article;
(15) "Bus operator" means personnel employed to operate
school buses and other school transportation vehicles as provided by the state board;
(16) "Buyer" means personnel employed to review and write
specifications, negotiate purchase bids and recommend purchase
agreements for materials and services that meet predetermined
specifications at the lowest available costs;
(17) "Cabinetmaker" means personnel employed to construct
cabinets, tables, bookcases and other furniture;
(18) "Cafeteria manager" means personnel employed to direct
the operation of a food services program in a school, including
assigning duties to employees, approving requisitions for
supplies and repairs, keeping inventories, inspecting areas to
maintain high standards of sanitation, preparing financial
reports and keeping records pertinent to food services of a
school;
(19) "Carpenter I" means personnel classified as a
carpenter's helper;
(20) "Carpenter II" means personnel classified as a
journeyman carpenter;
(21) "Chief mechanic" means personnel employed to be
responsible for directing activities which ensure that student
transportation or other board-owned vehicles are properly and safely maintained;
(22) "Clerk I" means personnel employed to perform clerical
tasks;
(23) "Clerk II" means personnel employed to perform general
clerical tasks, prepare reports and tabulations and operate
office machines;
(24) "Computer operator" means qualified personnel employed
to operate computers;
(25) "Cook I" means personnel employed as a cook's helper;
(26) "Cook II" means personnel employed to interpret menus,
to prepare and serve meals in a food service program of a school
and shall include personnel who have been employed as a "Cook I"
for a period of four years, if the personnel have not been
elevated to this classification within that period of time;
(27) "Cook III" means personnel employed to prepare and
serve meals, make reports, prepare requisitions for supplies,
order equipment and repairs for a food service program of a
school system;
(28) "Crew leader" means personnel employed to organize the
work for a crew of maintenance employees to carry out assigned
projects;
(29) "Custodian I" means personnel employed to keep
buildings clean and free of refuse;
(30) "Custodian II" means personnel employed as a watchman
or groundsman;
(31) "Custodian III" means personnel employed to keep
buildings clean and free of refuse, to operate the heating or
cooling systems and to make minor repairs;
(32) "Custodian IV" means personnel employed as head
custodians. In addition to providing services as defined in
"custodian III," their duties may include supervising other
custodian personnel;
(33) "Director or coordinator of services" means personnel
who are assigned to direct a department or division. Nothing in
this subdivision may prohibit professional personnel or
professional educators as defined in section one, article one of
this chapter, from holding this class title, but professional
personnel may not be defined or classified as service personnel
unless the professional personnel held a service personnel title
under this section prior to holding class title of "director or
coordinator of services." Directors or coordinators of service
positions shall be classified as either a professional personnel or service personnel position for state aid formula funding
purposes and funding for directors or coordinators of service
positions shall be based upon the employment status of the
director or coordinator either as a professional personnel or
service personnel;
(34) "Draftsman" means personnel employed to plan, design
and produce detailed architectural/engineering drawings;
(35) "Electrician I" means personnel employed as an
apprentice electrician helper or who holds an electrician helper
license issued by the state fire marshal;
(36) "Electrician II" means personnel employed as an
electrician journeyman or who holds a journeyman electrician
license issued by the state fire marshal;
(37) "Electronic technician I" means personnel employed at
the apprentice level to repair and maintain electronic equipment;
(38) "Electronic technician II" means personnel employed at
the journeyman level to repair and maintain electronic equipment;
(39) "Executive secretary" means personnel employed as the
county school superintendent's secretary or as a secretary who is
assigned to a position characterized by significant
administrative duties;
(40) "Food services supervisor" means qualified personnel
not defined as professional personnel or professional educators
in section one, article one of this chapter, employed to manage
and supervise a county school system's food service program. The
duties would include preparing in-service training programs for
cooks and food service employees, instructing personnel in the
areas of quantity cooking with economy and efficiency and keeping
aggregate records and reports;
(41) "Foremen" means skilled persons employed for
supervision of personnel who work in the areas of repair and
maintenance of school property and equipment;
(42) "General maintenance" means personnel employed as
helpers to skilled maintenance employees and to perform minor
repairs to equipment and buildings of a county school system;
(43) "Glazier" means personnel employed to replace glass or
other materials in windows and doors and to do minor carpentry
tasks;
(44) "Graphic artist" means personnel employed to prepare
graphic illustrations;
(45) "Groundsmen" means personnel employed to perform duties
that relate to the appearance, repair and general care of school grounds in a county school system. Additional assignments may
include the operation of a small heating plant and routine
cleaning duties in buildings;
(46) "Handyman" means personnel employed to perform routine
manual tasks in any operation of the county school system;
(47) "Heating and air conditioning mechanic I" means
personnel employed at the apprentice level to install, repair and
maintain heating and air conditioning plants and related
electrical equipment;
(48) "Heating and air conditioning mechanic II" means
personnel employed at the journeyman level to install, repair and
maintain heating and air conditioning plants and related
electrical equipment;
(49) "Heavy equipment operator" means personnel employed to
operate heavy equipment;
(50) "Inventory supervisor" means personnel who are employed
to supervise or maintain operations in the receipt, storage,
inventory and issuance of materials and supplies;
(51) "Key punch operator" means qualified personnel employed
to operate key punch machines or verifying machines;
(52) "Locksmith" means personnel employed to repair and maintain locks and safes;
(53) "Lubrication man" means personnel employed to lubricate
and service gasoline or diesel-powered equipment of a county
school system;
(54) "Machinist" means personnel employed to perform
machinist tasks which include the ability to operate a lathe,
planer, shaper, threading machine and wheel press. These
personnel should also have the ability to work from blueprints
and drawings;
(55) "Mail clerk" means personnel employed to receive, sort,
dispatch, deliver or otherwise handle letters, parcels and other
mail;
(56) "Maintenance clerk" means personnel employed to
maintain and control a stocking facility to keep adequate tools
and supplies on hand for daily withdrawal for all school
maintenance crafts;
(57) "Mason" means personnel employed to perform tasks
connected with brick and block laying and carpentry tasks related
to such laying;
(58) "Master electrician" means personnel employed as a
master electrician or who holds a master electrician license issued by the state fire marshall.
(58) (59) "Mechanic" means personnel employed who can
independently perform skilled duties in the maintenance and
repair of automobiles, school buses and other mechanical and
mobile equipment to use in a county school system;
(59) (60) "Mechanic assistant" means personnel employed as
a mechanic apprentice and helper;
(60) (61) "Multiclassification" means personnel employed to
perform tasks that involve the combination of two or more class
titles in this section. In these instances the minimum salary
scale shall be the higher pay grade of the class titles involved;
(61) (62) "Office equipment repairman I" means personnel
employed as an office equipment repairman apprentice or helper;
(62) (63) "Office equipment repairman II" means personnel
responsible for servicing and repairing all office machines and
equipment. Personnel are responsible for parts being purchased
necessary for the proper operation of a program of continuous
maintenance and repair;
(63) (64) "Painter" means personnel employed to perform
duties of painting, finishing and decorating of wood, metal and
concrete surfaces of buildings, other structures, equipment, machinery and furnishings of a county school system;
(64) (65) "Paraprofessional" means a person certified
pursuant to section two-a, article three of this chapter to
perform duties in a support capacity including, but not limited
to, facilitating in the instruction and direct or indirect
supervision of pupils under the direction of a principal, a
teacher or another designated professional educator:
Provided,
That no person employed on the effective date of this section in
the position of an aide may be reduced in force or transferred to
create a vacancy for the employment of a paraprofessional:
Provided, however, That if any employee has held or holds an aide
title and becomes employed as a paraprofessional, the employee
shall hold a multiclassification status that includes aide and
paraprofessional titles in accordance with section eight-b of
this article:
Provided further, That once an employee who holds
an aide title becomes certified as a paraprofessional and is
required to perform duties that may not be performed by an aide
without paraprofessional certification, he or she shall receive
the paraprofessional title pay grade;
(65) (66) "Plumber I" means personnel employed as an
apprentice plumber and helper;
(66) (67) "Plumber II" means personnel employed as a
journeyman plumber;
(67) (68) "Printing operator" means personnel employed to
operate duplication equipment, and as required, to cut, collate,
staple, bind and shelve materials;
(68) (69) "Printing supervisor" means personnel employed to
supervise the operation of a print shop;
(69) (70) "Programmer" means personnel employed to design
and prepare programs for computer operation;
(70) (71) "Roofing/sheet metal mechanic" means personnel
employed to install, repair, fabricate and maintain roofs,
gutters, flashing and duct work for heating and ventilation;
(71) (72) "Sanitation plant operator" means personnel
employed to operate and maintain a water or sewage treatment
plant to ensure the safety of the plant's effluent for human
consumption or environmental protection;
(72) (73) "School bus supervisor" means qualified personnel
employed to assist in selecting school bus operators and routing
and scheduling of school buses, operate a bus when needed, relay
instructions to bus operators, plan emergency routing of buses
and promoting good relationships with parents, pupils, bus operators and other employees;
(73) (74) "Secretary I" means personnel employed to
transcribe from notes or mechanical equipment, receive callers,
perform clerical tasks, prepare reports and operate office
machines;
(74) (75) "Secretary II" means personnel employed in any
elementary, secondary, kindergarten, nursery, special education,
vocational or any other school as a secretary. The duties may
include performing general clerical tasks, transcribing from
notes or stenotype or mechanical equipment or a sound-producing
machine, preparing reports, receiving callers and referring them
to proper persons, operating office machines, keeping records and
handling routine correspondence. There is nothing implied in
this subdivision that would prevent the employees from holding or
being elevated to a higher classification;
(75) (76) "Secretary III" means personnel assigned to the
county board office administrators in charge of various
instructional, maintenance, transportation, food services,
operations and health departments, federal programs or
departments with particular responsibilities of purchasing and
financial control or any personnel who have served in a position which meets the definition of "secretary II" or "secretary III"
in this section for eight years;
(76) (77) "Supervisor of maintenance" means skilled
personnel not defined as professional personnel or professional
educators as in section one, article one of this chapter. The
responsibilities would include directing the upkeep of buildings
and shops, issuing instructions to subordinates relating to
cleaning, repairs and maintenance of all structures and
mechanical and electrical equipment of a board;
(77) (78) "Supervisor of transportation" means qualified
personnel employed to direct school transportation activities,
properly and safely, and to supervise the maintenance and repair
of vehicles, buses and other mechanical and mobile equipment used
by the county school system;
(78) (79) "Switchboard operator-receptionist" means
personnel employed to refer incoming calls, to assume contact
with the public, to direct and to give instructions as necessary,
to operate switchboard equipment and to provide clerical
assistance;
(79) (80) "Truck driver" means personnel employed to operate
light or heavy duty gasoline and diesel-powered vehicles;
(80) (81) "Warehouse clerk" means personnel employed to be
responsible for receiving, storing, packing and shipping goods;
(81) (82) "Watchman" means personnel employed to protect
school property against damage or theft. Additional assignments
may include operation of a small heating plant and routine
cleaning duties; and
(82) (83) "Welder" means personnel employed to provide
acetylene or electric welding services for a school system.
(j) In addition to the compensation provided for in section
eight-a of this article, for service personnel, each service
employee is, notwithstanding any provisions in this code to the
contrary, entitled to all service personnel employee rights,
privileges and benefits provided under this or any other chapter
of this code without regard to the employee's hours of employment
or the methods or sources of compensation.
(k) Service personnel whose years of employment exceed the
number of years shown and provided for under the state minimum
pay scale set forth in section eight-a of this article may not be
paid less than the amount shown for the maximum years of
employment shown and provided for in the classification in which
he or she is employed.
(l) The county boards shall review each service personnel
employee job classification annually and shall reclassify all
service employees as required by the job classifications. The
state superintendent of schools may withhold state funds
appropriated pursuant to this article for salaries for service
personnel who are improperly classified by the county boards.
Further, the state superintendent shall order county boards to
correct immediately any improper classification matter and with
the assistance of the attorney general shall take any legal
action necessary against any county board to enforce the order.
(m) No service employee, without his or her written consent,
may be reclassified by class title, nor may a service employee,
without his or her written consent, be relegated to any condition
of employment which would result in a reduction of his or her
salary, rate of pay, compensation or benefits earned during the
current fiscal year or which would result in a reduction of his
or her salary, rate of pay, compensation or benefits for which he
or she would qualify by continuing in the same job position and
classification held during that fiscal year and subsequent years.
(n) Any board failing to comply with the provisions of this
article may be compelled to do so by mandamus, and is liable to any party prevailing against the board for court costs and the
prevailing party's reasonable attorney fee, as determined and
established by the court.
(o) Notwithstanding any provisions in this code to the
contrary, service personnel who hold a continuing contract in a
specific job classification and who are physically unable to
perform the job's duties as confirmed by a physician chosen by
the employee shall be given priority status over any employee not
holding a continuing contract in filling other service personnel
job vacancies if qualified as provided in section eight-e of this
article.
§18A-4-8a. Service personnel minimum monthly salaries.
(1) The minimum monthly pay for each service employee whose
employment is for a period of more than three and one-half hours
a day shall be at least the amounts indicated in the "state
minimum pay scale pay grade I" and the minimum monthly pay for
each service employee whose employment is for a period of three
and one-half hours or less a day shall be at least one-half the
amount indicated in the "state minimum pay scale pay grade I" set
forth in this section.
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