H. B. 2602
(By Delegates Stalnaker, Beane and Azinger)
[Introduced
February 23, 2005
; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §8-15-10a of the Code of West Virginia,
1931, as amended, relating to providing municipalities and
members of municipal fire departments an alternative to
statutory prescriptions concerning holiday remuneration and
compensation if they are able to agree to other terms than as
set forth by statute.
Be it enacted by the Legislature of West Virginia:
That §8-15-10a
of the Code of West Virginia, 1931, as amended,
be amended and reenacted, to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-10a. Firemen who are required to work during holidays; how
compensated.
(a) From the effective date of this section, if any member of
a paid fire department is required to work during a legal holiday
as is specified in subsection (a), section one, article two,
chapter two of this code, or if a legal holiday falls on the member's regular scheduled day off, he or she shall be allowed
equal time off at such time as may be approved by the chief
executive officer of the department under whom he or she serves or,
in the alternative, shall be paid at a rate not less than one and
one-half times his or her regular rate of pay: Provided, That if
a special election of a political subdivision other than a
municipality falls on a Saturday or Sunday, the municipality may
choose not to recognize the day of the election as a holiday if a
majority of the municipality's city council votes not to recognize
the day of the election as a holiday.
(b) As an alternative to the holiday compensation provided in
subsection (a) of this section, the municipal administration and
the members of the paid fire department may, by mutual consent,
agree to provide other holiday compensation in the form of a
different rate of pay than set forth in subsection (a) of this
section, or time off, or a combination of pay and time off. An
agreement reached under this subsection, may involve an amount of
pay or time off for holidays which is less or more than prescribed
in subsection (a) of this section, as long as the amount of pay or
time off is mutually agreed upon by the Municipal Administration
and the members of the fire department. Additionally, whether the
holiday compensation consists of pay, time off or a combination of
pay and time off, may be determined by the mutual consent and
agreement of the municipal administration and the members of the
fire department. In the event of an agreement reached under the
provisions of this subsection, a majority vote of the members of the fire department is necessary to bind the fire department to any
terms regarding holiday compensation which are separate and apart
from the prescriptions set forth in subsection (a) of this section.
In the absence of an agreement reached under the provisions of this
subsection, the prescriptions contained in subsection (a) of this
section shall apply.
NOTE: The purpose of this bill is to
provide municipalities
and members of municipal fire departments an alternative to
statutory prescriptions concerning holiday remuneration and
compensation if they are able to agree to other terms than as set
forth by statute.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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