WEST virginia legislature

2020 regular session

Introduced

House Bill 4579

By Delegates Howell and Miller
(By Request of the Division of Personnel)

[Introduced January 29, 2020; Referred to the Committee on Government Organization]

A BILL to repeal §29-6-7a, §29-6-9, §29-6-10a, §29-6-14 and §29-6-25 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-1, §29-6-2, §29-6-3, §29-6-4, §29-6-6, §29-6-7, §29-6-8, §29-6-10, §29-6-12, §29-6-16, §29-6-17, §29-6-19, §29-6-20, §29-6-21, §29-6-22, §29-6-23, §29-6-24 and §29-6-27 of said code, all relating to the state employee merit system; defining terms; allowing additions to classified service; providing exemptions to classified service; providing make-up and duties of the State Personnel Board; defining a quorum; providing authority of Director of Personnel; providing rulemaking for the Division of Personnel; authorizing the director to adjust pay grades; providing process for appointment, promotion or reinstatement from lists of candidates; allowing for pilot projects; providing process for dismissal; confidentiality of records; allowing local political subdivisions to participate in the classified service system; providing penalties; providing time frames for job postings and appointments; and allowing for a leave donation program.

Be it enacted by the Legislature of West Virginia:

article 6. civil service division of personnel MERIT system.

§29-6-1. General purpose.

The general purpose of this article is to attract to the service of this state personnel of the highest ability and integrity by the establishment of a system of personnel administration based on merit principles and scientific methods governing the appointment, promotion, transfer, layoff, removal, discipline, classification, compensation, and welfare of its civil merit system employees, and other incidents of state employment. All appointments and promotions to positions in the classified service shall be made solely on the basis of merit and fitness, except as hereinafter specified. All employment positions not in the classified service, with the exception of the board of regents,Higher Education Policy Commission, Council for Community and Technical Education, and higher education governing boards are included in a classification plan known as classified-exempt service.

§29-6-2. Definition of terms.

As used in this article, unless the context indicates otherwise, the term:

(a) “Administrator” means any person who fills a statutorily created position within or related to an agency or board (other than a board member) and who is designated by statute as commissioner, deputy commissioner, assistant commissioner, director, chancellor, chief, executive director, executive secretary, superintendent, deputy superintendent or other administrative title, however designated the head of the agency or board;

(b) “Agency” means any administrative unit of state government, including any authority, board, bureau, commission, committee, council, division, section or office authority, board, bureau, commission, division or other entity of state government, however designated, transferred to or incorporated in one of the departments created in §5F-1-2 of this code, as well as any affiliated county or municipal agency:  Provided, That individual districts, offices, regions, sections and units within the same agency, however designated, shall not be considered a separate agency;

(c) “Appointing authority” means a person or group of persons authorized by an agency to make appointments to positions the executive or head of a department or agency who is authorized by statute to appoint employees in the classified or classified-exempt service;

(d) “Board” means the State Personnel Board created by §29-6-6 of this code;

(e) “Class” or “class of positions” means a group of one or more positions sufficiently similar in duties, training, experience and responsibilities, as determined by specifications, that the same qualifications, the same title and the same schedule of compensation and benefits may be equitably applied to each position in the group class;

“Class specification” means the official description of a class of positions for the purpose of describing the nature of work, providing examples of work performed, and identifying the knowledge, skills, and abilities, required while stating the generally accepted minimum qualifications required for employment;

(f) “Classification plan” means the plan by which positions in the classified service and classified-exempt service have been allocated by class;

(g) “Classified-exempt service” means, an employee whose position satisfies as established by statute, those positions which satisfy the definitions for “class” and “classify” but who is which are not covered under the civil service Division of Personnel merit system or employed by the higher education governing boards Higher Education Policy Commission, Council for Community and Technical College Education, or higher education governing boards, as defined in §18B-1-2 of this code;

(h) “Classified service” means an employee whose job satisfies those positions which satisfy the definitions for “class” and “classify” and who is which are covered under the civil service Division of Personnel merit system;

(i) “Classify” means to group all positions in classes and to allocate every position to the appropriate class in the classification plan the process of ascertaining, analyzing, and evaluating the duties and responsibilities of positions to determine the number and kind of classes existing in the service and to group the positions in classes;

“Department” means the departments of the executive branch of state government provided in §5F-1-2 of this code;

(j) “Director” means the head of the Division of Personnel as appointed by §29-6-7 of this code;

(k) “Division” means the Division of Personnel; herein created

“Exempt service” means all positions specifically exempted from the classified service by statute;

(l) “Policy-making position” means a position in which the person occupying it: (1) Acts as an advisor to or formulates plans for the implementation of broad goals for an administrator or the Governor; (2) is in charge of a major administrative component of the agency; and (3) reports directly and is directly accountable to an the administrator or the Governor;

(m) “Position” means a particular job which has been classified based on specifications an authorized and identified group of duties and responsibilities assigned by the proper authority requiring the full-time or part-time employment of at least one person;

(n) “Secretary” means the Secretary of the Department of Administration created in §5F-1-2 of this code;

(o) “Specification” means a description of a class of position which defines the class, provides examples of work performed and the minimum qualifications required for employment

(p) “Veteran” means any person who has served in the armed forces of the United States of America during World War I (April 6, 1917--November 11, 1918), World War II (December 7, 1941--December 31, 1946), the Korean Conflict (June 27, 1950--January 31, 1955), the Vietnam Conflict (August 5, 1964--May 7, 1975) or in a campaign, expedition or conflict for which a campaign badge has been authorized and received by such person and who has received a discharge under honorable conditions from such service meets the requirements of §6-13-1 of this code.

§29-6-3. Classified service; additions to classified service.

(a) The classified service includes all positions covered by the civil service Division of Personnel merit system as of the effective date of this article, except as otherwise provided in this article. Positions may be added to the classified service as provided in §29-6-4 of this code.

(b) Except during the last six months of his or her term, the Governor may, by executive order, with the written consent of the board and the appointing authority concerned, add to the list of positions in the classified service, but such additions may not include any positions specifically exempted from coverage as provided in §29-6-4 of this code.

§29-6-4. Classified-exempt and exempt service. additions to classified service; exemptions

(a) The classified-exempt service includes all positions included in the classified-exempt service on the effective date of this article.

(b) Except for the period commencing on July 1, 1992, and ending on the first Monday after the second Wednesday of the following January and except for the same periods commencing in the year 1996, and in each fourth year thereafter, the Governor may, by executive order, with the written consent of the State Personnel Board and the appointing authority concerned, add to the list of positions in the classified service, but the additions may not include any positions specifically exempted from coverage as provided in this section

(c) (a) The following offices and positions, in addition to those specifically exempted by statute are exempt from coverage under the classified in the classified-exempt or exempt service:

(1) All judges, officers and employees of the judiciary are exempt;

(2) All members, officers and employees of the Legislature are exempt;

(3) All officers elected by popular vote and employees of the officer are exempt;

(4) All secretaries of departments and employees within the office of a secretary are exempt;

(5) Members of boards and commissions and heads of departments appointed by the Governor or heads of departments selected by commissions or boards when expressly exempt by law or board order are exempt;

(6) Excluding the policy-making positions in an agency, one One principal assistant or deputy and one private secretary for each board or commission or head of a department elected or appointed by the Governor or Legislature are classified-exempt, unless specifically exempted by statute;

(7) All policy-making positions are classified-exempt, unless specifically exempted by statute;

(8) Patients or inmates employed in state institutions;

(9) (8) Persons employed in a professional or scientific capacity to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Legislature or a committee thereof, an executive a department, affiliated county or municipal agency or by authority of the Governor are exempt;

(10) (9) All employees of the office of the Governor, including all employees assigned to the executive mansion are exempt;

(11) (10) Part-time professional personnel engaged in professional services without administrative duties and personnel employed for 1000 hours or less during a working year are classified-exempt;

(12) (11) Members and employees of the board of trustees and board of directors or their successor agencies are exempt;

(13) (12) Uniformed personnel of the State Police are exempt; and

(14) (13) Seasonal employees in the state forests, parks, and recreational areas working less than 1,733 hours per calendar year are exempt. Notwithstanding any provision of law to the contrary, seasonal employees are not considered full-time employees.

(d) (b) The Legislature finds that the holding of political beliefs and party commitments consistent or compatible with those of the Governor contributes in an essential way to the effective performance of and is an appropriate requirement for occupying certain offices or positions in state government, such as the secretaries of departments and the employees within their offices, the heads of agencies appointed by the Governor and, for each such head of agency, a private secretary and one principal assistant or deputy, all employees of the office of the Governor including all employees assigned to the executive mansion, as well as any persons appointed by the Governor to fill policy-making positions, in that those offices or positions are confidential in character and require their holders to act as advisors to the Governor or the Governor’s appointees, to formulate and implement the policies and goals of the Governor or the Governor’s appointees, or to help the Governor or the Governor’s appointees communicate with and explain their policies and views to the public, the Legislature and the press.

(e) All county road supervisor positions are covered under the classified service effective July 1, 1999. A person employed as a county road supervisor on the effective date of this section, is not required to take or pass a qualifying or competitive examination upon or as a condition of becoming a classified service employee. All county road supervisors who become classified service employees pursuant to this subsection who are severed, removed or terminated in his or her employment must be severed, removed or terminated as if the person was a classified service employee

§29-6-6. State Personnel Board continued; members; term; quorum; vacancies; powers and duties.

(a) There is continued within the Division a The State Personnel Board consisting is comprised of the Secretary of the Department of Administration or his or her designee who serves as an ex officio nonvoting member and five members appointed by the Governor, with the advice and consent of the Senate, for terms of four years and until the appointment of their successors. No more than four members may be of the same political party. Four A simple majority of voting members of the board constitute is a quorum.

(b) A member of the board may not be removed from office except for official misconduct, incompetence, neglect of duty, gross immorality or malfeasance and then only in the manner prescribed in §6-6-1 et seq. of this code for the removal by the Governor of state elected officers.

(c) Citizen members of the board shall each be compensated for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties, as recommended by the Citizens Legislative Compensation Commission as authorized by law, and may be reimbursed actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.

(d) The Secretary of the Department of Administration or his or her designee serves as chair of the board. The board shall meet at the time and place specified by the call of the chair. At least one meeting shall be held in each month bi-monthly: Provided, That emergency meetings shall occur as needed. All meetings shall be open to the public. Notice of each meeting shall be given in writing to each member by the director at least three days in advance of the meeting period.

(e) In addition to other powers and duties invested in it by this article or by any other law, the board shall:

(1) Propose Approve filing of proposed rules for legislative approval, in accordance with §29A-1-1 et seq. of this code, to implement the provisions of this article; and

(2) Interpret the application of this article to any public body or entity; and

(3) (2) Authorize and conduct any studies, inquiries, investigations or hearings in the operation of this article it considers necessary.

(f) The director or the board may subpoena and require the attendance of witnesses in the production of evidence or documents relevant to any proceeding under this article.

§29-6-7. Director of Personnel; appointment; qualifications; powers and duties.

(a) The Secretary of the Department of Administration shall appoint the director Director of Personnel. The director shall be a person knowledgeable of the application of the merit principles in public employment as evidenced by the obtainment of a degree in business administration, personnel administration, public administration or the equivalent or at least five years of administrative experience. The salary for the director shall be that which is set out in §6-7-2a of this code.

(b) The director shall:

(1) Consistent with the provisions of this article, administer the operations of the division, allocating the functions and activities of the division among sections as the director may establish;

(2) Maintain a personnel management information system systems necessary to carry out the provisions of this article;

(3) Supervise payrolls and audit payrolls, reports or transactions for Audit and approve or deny approval of personnel transactions, reports, orders, and settlement agreements to ensure conformity with the provisions of this article;

(4) Plan, evaluate, administer and implement personnel programs and policies in state government and to political subdivisions after agreement by the parties;

(5) Supervise the employee selection process and employ performance evaluation procedures;

(6) Develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives, which, notwithstanding any provision of this code to the contrary, may include a one-time monetary incentive for recruitment and retention of employees in critically understaffed classifications. The director, in consultation with the board, shall determine which classifications are critically understaffed. The one-time monetary incentive program shall continue until June 30, 2009. The director shall report annually on or before December 31, commencing in the year 2007, to the Joint Committee on Government and Finance. The annual report shall provide all relevant information on the one-time monetary incentive program and the understaffed classifications in state agencies monetary incentives authorized by the board;

(7) Establish pilot programs and other projects for a maximum of one year: outside of the Provided, That the pilot programs or projects are not contrary to the provisions of this article, subject to approval by the board, to be included in the annual report. Such programs may include delegation of functions provided in this article to appointing authorities, subject to the audit and oversight of the director and board;

(8) Establish and provide for a public employee interchange program and may provide for a voluntary employee interchange program between public and private sector employees;

(9) Establish an internship program;

(10) Assist the Governor and Secretary of the Department of Administration in general workforce planning and other personnel matters;

(11) Make an annual report to the Governor and Legislature and all other special or periodic reports as may be required;

(12) Assess cost for special or other services;

(13) Recommend rules to the board for implementation of this article and interpret Division of Personnel statutes, rule and policy; and

(14) Conduct schools, seminars or classes for supervisory Provide training and development programs for employees of the state regarding handling of complaints and disciplinary matters and the operation of the state personnel system.

§29-6-7a. Report on a centralized personnel system.

[Repealed.]

§29-6-8. Duties of board generally.

In addition to the duties expressly set forth elsewhere in this article, the board shall:

(1) Represent the public interest in the improvement of personnel administration in the classified service.

(2) Advise the Governor, the secretary, and the director on problems concerning personnel administration.

(3) Foster the interest of institutions of learning and of industrial, civic, professional and employee organizations in the improvement of personnel standards in the classified service.

(4) Make any investigation which it may consider desirable concerning the administration of personnel in the classified service and make recommendations to the director with respect thereto.

(5) Approve the budget as prepared by the director for administration of this article before submission to the Division of Finance and administration Review and approve the establishment of all classified-exempt positions to assure consistent interpretation of the provisions of this article.

(6) Approve classification and pay plans as established by the division.

§29-6-9. Civil Service Commission abolished; transfer of duties and responsibilities; rule of construction; transfer of employees, equipment, and records; continuation of programs; protections and rules.

[Repealed.]

§29-6-10. Rules of division.

The board division shall have the authority to promulgate, amend, interpret or repeal rules, according to Chapter 29A of this code, to implement the provisions of this article:

(1) For the preparation, maintenance and revision of a position classification plan plans for all positions in the classified service and a position classification plan for all positions in the  and classified-exempt service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class within their respective plans. Except for persons employed by the governing boards of higher education Higher Education Policy Commission, Council for Community and Technical College Education, and higher education governing boards, all persons receiving compensation as a wage or salary, funded either in part or in whole by the state, are included in either the position classification plan for classified service or classified-exempt service. After each such classification plan has been approved by the board, the director shall allocate the every position of every employee in the classified service to one of the classes in the classified plan and the position of every employee in the and classified-exempt service to one of the positions in the classified-exempt classifications in their respective plan. Any employee or appointing authority affected by the allocation of a position to a class shall, after filing with the director of personnel a written request for reconsideration thereof in such manner and form as the director may prescribe, be given a reasonable opportunity to be heard thereon by the director. The interested appointing authority shall be given like opportunity to be heard

(2) For preparation, maintenance and revision of a pay plan for all employees in the classified service, after consultation with appointing authorities and the state fiscal officers, and after a public hearing held by the board. Such pay plan shall become effective only after it has been approved by the Governor after submission to him by the board approval by the Governor. Amendments to the pay plan may be made in the same manner: Provided, The pay plan shall be reviewed annually and adjusted as necessary: Provided, however, The minimum and maximum rates established in the pay plan shall be automatically adjusted by an amount equivalent to 50 percent of each across-the-board raise authorized by the Legislature. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he or she is employed. The principle of equal pay for equal work in the several agencies of the state government shall be followed in the pay plan as established hereby. The Governor or his or her designee shall have authority to restrict the provisions of the pay plan as necessitated by fiscal constraints.

(3) For open competitive examinations to test the relative fitness competition of applicants for the respective positions in the classified service. Such examinations need not be held until after the rules have been adopted, the service classified and a pay plan established, but shall be held not later than one year after this article takes effect Such examinations competition may be by examination or by review of the training, experience and other qualifications required for a position and shall be announced publicly at least fifteen 10 calendar days in advance of the date fixed for the filing of applications therefor, and may be advertised through the press, radio and other media. The director may, however, in his or her discretion, include in the announcement a limit on the number of applications that will be considered or may continue to receive applications and examine candidates long enough to assure a sufficient number of eligibles eligible candidates to meet the needs of the service and may add the names of successful eligible candidates to existing eligible lists in accordance with their respective ratings.

An additional five points shall be awarded to the score of any examination successfully completed by a veteran Any veteran shall have an additional five points added to his or her examination or review score: Provided, That a disabled veteran shall be entitled to an additional 10 points, rather than five points. as aforesaid, upon successful completion of any examination

(4) For promotions within the classified service which shall give appropriate consideration to the applicant's qualifications, record of performance, seniority and his or her score on a written examination, when such examination is practicable. An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class A change in the status of an employee from a position in one class to a vacant position in another class of higher rank as measured by salary range and increased level of duties or responsibilities shall constitute a promotion. When any benefit such as a promotion, wage increase or transfer is to be awarded, or when a withdrawal of a benefit such as a reduction in pay, a layoff or job termination is to be made, and a choice is required between two or more employees in the classified service as to who will receive the benefit or have the benefit withdrawn, and if some or all of the eligible employees have substantially equal or similar qualifications and records of performance, consideration shall be given to the level of seniority of each of the respective employees as a factor in determining which of the employees will receive the benefit or have the benefit withdrawn, as the case may be. When an employee classified in a secretarial or clerical position has, irrespective of job classification, actual job experience related to the qualifications for a managerial or supervisory position, the division shall consider the experience as qualifying experience for the position. The division in its classification plan plans may, for designated classifications, permit substitution of qualifying experience for specific educational or training requirements at a rate determined by the division.

(5) For layoffs by classification for reason of lack of funds or work, or abolition of a position, or material changes in duties or organization, or any loss of position because of the provisions of this subdivision due to business necessity and for recall of employees so laid off, consideration shall be given to an employee's seniority as measured by permanent employment in the classified service or a state agency. In the event that the agency wishes to lay off a more senior employee, the agency must demonstrate that the senior employee cannot perform any other the job duties of a position held by less senior employees within that agency in the job class or any other equivalent or lower job class for which the senior employee is qualified: Provided, That if an employee refuses to accept a position in a lower job class, such employee shall retain all rights of recall as hereinafter provided.

(6) For recall of employees, recall shall be by reverse order of layoff to any job class that the employee has previously held or a lower class in the series within the agency as that job class becomes vacant. An employee will retain his or her place on the recall list for the same period of time as his or her seniority on the date of his or her layoff or for a period of two years, whichever is less. No new employees shall be hired for any vacancy in his or her job class or in a lower job class in the series until all eligible employees on layoff are given the opportunity to refuse that job class. An employee shall be recalled onto into jobs within the county wherein his or her last place of employment is located or within a county contiguous thereto. Any laid-off employee who is eligible for a vacant position shall be notified by certified mail of the vacancy. It shall be the responsibility of the employee to notify the agency of any change in his or her address.

Notwithstanding any other provision of the code to the contrary, except for the provisions of section seven, article two, chapter five-b of this code, when filling vacancies at state agencies the directors of state agencies the appointing authority shall, for a period of 12 months after the layoff of a permanent classified employee in another agency, give preference to qualified permanent classified employees based on seniority and fitness over all but existing employees of the agency or its facilities: Provided, That employment of these persons who are qualified and who were permanently employed immediately prior to their layoff shall not supersede the recall rights of employees who have been laid off in such agency or facility.

(7) For the establishment of eligible lists of eligible candidates for appointment and promotion within the classified service ranked in order based upon their examination score or review. upon which lists shall be placed the names of successful candidates in the order of their relative excellence in the respective examinations Eligibility for appointment from any such list shall continue not longer than three years. An appointing authority shall make his a selection from the top ten 20 names on the appropriate lists of eligibles eligible candidates, or may choose any person scoring at or above the ninetieth 80th percentile on the examination.

For the establishment of eligible lists of eligible candidates for preference as provided in subdivision (6) of this section, a list shall be provided according to seniority. An appointed appointing authority shall make the selection of the most senior qualified person: Provided, That eligibility for appointment from any such list shall continue not longer than one year and shall cease immediately upon appointment to a classified position.

(8) For the rejection of candidates or eligibles within the classified service who fail to comply with reasonable requirements in regard to regarding such factors as age, physical condition, character, criminal background, training and or experience; who are addicted to alcohol or narcotics or who have attempted any deception or fraud in connection with an examination; or who have been convicted of corruption while in office.

(9) For a period of probation probationary period not to exceed one year before appointment or promotion may be made complete within the classified service.

(10) For provisional employment without competitive examination within the classified service when there is no appropriate eligible list of eligible candidates available. No such provisional employment may continue longer than six months, nor shall successive provisional appointments be allowed. except during the first year after the effective date of this article, in order to avoid stoppage of orderly conduct of the business of the state

(11) For keeping the maintenance of records of performance of all employees in the classified service, which service records may be considered in determining salary increases and decreases provided in the pay plan; as a factor in promotion tests as a factor in determining the order of layoffs because of lack of funds or work and in reinstatement; promotions; and as a factor in suspensions, demotions, discharges dismissals and transfers.

(12) For discharge dismissal or reduction in rank or grade only for cause of employees in the classified service. Discharge Dismissal or reduction of these employees shall take place only after the person to be discharged dismissed or reduced has been presented with the reasons for such discharge dismissal or reduction stated in writing, and has been allowed a reasonable time to reply thereto in writing, or upon request to appear personally and reply to the appointing authority or his or her deputy designee: Provided, That upon an involuntary discharge dismissal for cause, the employer may require immediate separation from the workplace, or the employee may elect immediate separation. If separation is required by the employer in lieu of any advance notice of discharge dismissal, or if immediate separation is elected by an employee who receives notice of an involuntary discharge dismissal for cause, the employee is entitled to receive severance pay attributable to time the employee otherwise would have worked, up to a maximum of 15 calendar days following separation. Receipt of severance pay does not affect any other right to which the employee is entitled with respect to the discharge dismissal. The statement of reasons for the dismissal and the reply shall be filed as a public record with the director. Notwithstanding the foregoing provisions of this subdivision, no permanent employee shall be discharged dismissed from the classified service for absenteeism upon using solely due to exhausting all entitlement to annual leave and sick leave when such use has been due to illness or injury as verified by a physician's certification or for other extenuating circumstances beyond the employee's control unless except when his or her disability is of such a nature as to permanently incapacitate him or her from the performance of the duties of his or her position or renders his or her services unreliable. Upon exhaustion of annual leave and sick leave credits for the reasons specified herein and with certification by a physician that the employee is temporarily unable to perform his or her duties, a permanent employee shall be granted a medical leave of absence without pay for a period not to exceed six months: Provided, That if such employee is not permanently unable to satisfactorily perform the duties of his or her position. Probationary and permanent state employees are eligible for a medical leave of absence without pay for the period of time during which he or she is receiving temporary total disability benefits for a personal injury that occurred in the course of and resulting from state employment.

(13) For such other rules and administrative regulations not inconsistent with this article, as may be proper and necessary for its enforcement.

(14) The board shall review and approve by rules the establishment of all classified-exempt positions to assure consistent interpretation of the provisions of this article.

The provisions of this section are subject to any modifications contained in chapter 5F of this code. The board division may include in the rules provided for in this article such provisions as are necessary to conform to regulations and standards of any federal agency governing the receipt and use of federal grants-in-aid by any state agency, anything in this article to the contrary notwithstanding. The board and the director shall see that rules and practices meeting such standards are in effect continuously after the effective date of this article.

§29-6-10a. Reduction in work force.

[Repealed.]

§29-6-12. Duties of state officers and employees; legal proceedings to secure compliance with article and rules.

All officers and employees of the state and affiliated agencies shall comply with and aid in all proper ways in carrying out the provisions of this article and the rules and orders thereunder. All officers and employees shall furnish any records or information which the director may request for any purpose of this article. The director may institute and maintain any action or proceeding at law or in equity that he or she considers necessary or appropriate to secure compliance with this article and the rules and orders thereunder.

§29-6-14. Certification of payrolls; wrongfully withholding certification of payroll.

[Repealed.]

§29-6-16. Records of division.

The records of the division, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be are public records and shall be open to public inspection, subject to reasonable regulations rules as to the time and manner of inspection which may be prescribed by the director. Employee and applicant information which the director considers confidential shall be maintained under strictest confidentiality and released only upon proper written authorization of the applicant or employee, or by order of a court of competent jurisdiction.

§29-6-17. Services to political subdivisions; cooperation with agencies for other jurisdictions.

(a) Subject to the approval of the board the director may enter into agreements with any municipality or other political subdivision of the state to furnish services and facilities of the division to such the municipality or political subdivision in the administration of its personnel on merit principles. Any such agreements shall provide for the reimbursement to the state of the reasonable cost of the services and facilities furnished, as determined by the director. All municipalities and political subdivisions of the state are hereby authorized to enter into such agreements. Subject to the approval of the board, the director may enter into an agreement with the state department of health Secretary of the Department of Health and Human Resources for the inclusion of personnel of local health departments under into the classified service Division of Personnel merit system established by this article.

(b) The director may cooperate with governmental agencies for other jurisdictions charged with personnel administration in conducting joint tests and establishing joint lists from which eligibles eligible candidates shall be certified for appointment in accordance with the provisions of this article.

§29-6-19. Refusal to testify.

If any employee in the classified or classified-exempt service shall willfully refuse refuses or fail fails to appear before any court or judge, any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, or having appeared shall refuse refuses to testify or answer any question relating to the state or local government, its affairs or government of the state or the conduct of any state officer or employee on the ground that his or her testimony or answers would tend to incriminate him or her, or shall refuse refuses to accept a grant of immunity from prosecution on account of any matter about which he may be asked to testify at any such hearing or inquiry, he or she shall forfeit his or her office or position and shall is not be eligible thereafter after that for appointment to any position in the classified or classified-exempt service.

§29-6-20. Favoritism or discrimination because of political or religious opinions, affiliations or race; political activities prohibited.

(a) No person shall may be appointed or promoted to or demoted or dismissed from any position in the classified service or in any way favored or discriminated against with respect to such employment because of his or her political or religious opinions or affiliations or race; but nothing herein shall be construed as precluding this section does not preclude the dismissal of any employee who may be engaged in subversive activities or found disloyal to the nation.

(b) No person shall may seek or attempt to use any political endorsement in connection with any appointment in the classified service.

(c) No person shall may use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration.

(d) No employee in the classified service or member of the board or the director shall may directly or indirectly, solicit or receive any assessment, subscription or contribution, or perform any service for any political party, committee or candidate for compensation, other than for expenses actually incurred, or in any manner take part in soliciting any such assessment, subscription, contribution or service of any employee in the classified service.

(e) Notwithstanding any other provision of this code, no employee in the classified service shall may:

(1) Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;

(2) Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes; or

(3) Be a candidate for any national or state paid public office or court of record, even if declining compensation; or hold any paid public office other than as a paid poll clerk or worker, even if declining compensation; or be a member of any national, state or local committee of a political party, or a financial agent or treasurer within the meaning of the provisions of §3-8-3, §3-8-4, or §3-8-5e of this code. Other types of partisan or nonpartisan political campaigning and management not inconsistent with the provisions of this subdivision and with the provisions of subsection (d) of this section shall be are permitted.

(f) Political participation pertaining to constitutional amendments, referendums, approval of municipal ordinances or activities, serving as a poll clerk or worker or being a candidate for or serving as a delegate to any state or national political party convention shall not be deemed to be  are not prohibited by the foregoing provisions of this section.

(g) Any classified employee who becomes a candidate for any paid public office as permitted by this section shall be placed on a leave of absence without pay for the period of such candidacy, commencing upon the filing of the certificate of candidacy.

§29-6-21. Acts prohibited.

(a) No person shall may make any false statement, certificate, mark, rating or report with regard to regarding any test, certification or appointment made under any provisions of this article or in any manner commit or attempt to commit any fraud preventing the impartial execution of this article and or the division’s rules.

(b) No person shall may,  directly or indirectly, give, render, pay, offer, solicit or accept any money, or other valuable consideration for or on account of any certification, appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.

(c) No employee of the division, examiner, or other person shall may defeat, deceive or obstruct any person in his or her right to examination, eligibility, certification or appointment under this article, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.

§29-6-22. Penalties.

(a) Any person who willfully violates any provision of this article or of the rules shall be is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or imprisoned in the county confined in jail for a period not to exceed one year, or both fined and imprisoned confined. Jurisdiction under this section shall be is in a court of record exercising criminal jurisdiction within the county wherein the offense is committed.

(b) Any person who is convicted of a misdemeanor under this article shall is, for a period of five years, be ineligible for appointment to or employment in a position in the classified or classified-exempt service, and if he or she is an officer or employee of the state, shall forfeit his or her present office or position.

§29-6-23. Special fund; appropriations; cost of administering article; acceptance of grants or contribution; disbursements.

For the operation of the division, there is hereby created in the State Treasury a special revolving fund to be known and designated as the “Division of Personnel Fund.” This fund shall consist of appropriations made by the Legislature, funds transferred in accordance with the provisions of section nine of this article funds received for personnel services rendered to other agencies, departments, divisions and units of state and local government, and funds received by grant or contribution from the federal government or any other entity which funds the division is hereby authorized to receive. Provided, That for fiscal year one thousand nine hundred ninety all funds remaining in account numbers 5840-00, 5840-35 and 5840-17 shall be transferred to the Division of Personnel fund on the effective date of this article Each agency, department, division or unit of state or local government served by the Division of Personnel division is hereby authorized and directed to transmit to the division for deposit in said special fund the charges made by the Division of Personnel division for personnel services rendered, such charges to be those fixed in a schedule or schedules prepared by the director and approved by the secretary Secretary of the Department of Administration. Disbursements from the fund shall be made in accordance with an approved expenditure schedule as provided by §5A-2-1 et seq. of this code and shall be made under the direct supervision of the director.

The director shall maintain accurate records reflecting the cost of administering the provisions of this article.

§29-6-24. Posting of job openings.

(a) Whenever a job opening occurs within the classified service, the appointing authority shall, in addition to any other requirement of law or regulation for the posting of job opening notices, at least ten seven calendar days before making an appointment to fill the job opening, post a notice within the building or facility where the duties of the job will be performed and throughout the agency, which notice states that a job opening has occurred and describes the duties to be performed by a person employed in that position.

(b) If an individual selected for a posted vacancy within the first ten work 30 calendar days of employment: (1) Refuses the offer of employment; (2) fails to report to work; or (3) resigns or otherwise separates from employment, the appointing authority is not required to repost the vacancy prior to another appointment to the position if the appointment is made within thirty 60 calendar days of the effective date of the previous appointment and the selection is made from the pool of eligible applicants from which the first employee was hired.

§29-6-25. Implementation; report to Governor and Legislature.

[Repealed.]

§29-6-27. Leave donation program.

The Division of Personnel after consultation with other state agencies shall establish division through legislative rule shall provide a program under which annual leave accrued or accumulated by an employee of an agency may, if voluntarily agreed to by the employee, be transferred to the annual leave account of donated to another designated employee if the other employee requires additional has exhausted his or her leave because of a medical emergency: The annual leave program shall be established by legislative rule pursuant to the provisions of chapter twenty-nine-a of this code. The Division of Personnel shall file such legislative rule no later than July 15, 1995. The division shall prepare an annual status report to be presented to the Joint Committee on Government and Finance no later than January 5, each year. A “medical emergency” means a medical condition of an employee or a family member of the employee that is likely to require the prolonged absence of the employee from duty and which will result in a substantial loss of income to the employee because of the unavailability of paid leave. As used in this section, “employee” includes employees in the classified and classified-exempt service and employees exempt from coverage who are under this article entitled to annual leave as a benefit of employment Provided, That none of the leave so transferred may be used to qualify for or add to service for any retirement system administered by the State of West Virginia.

NOTE: The purpose of this bill is to streamline and simplify the processes within the classified service system. The bill changes the quorum required for State Personnel Board meetings and defines the roles of the board and the Director of the Division of Personnel. The bill allows the director to establish pilot programs within state agencies to address specific recruitment and retention issues within a particular agency. The bill authorizes the director to approve classification and pay plans established by the division. The bill changes the number of days a job posting must be posted and clarifies the leave donation program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.