H. B. 4090
(By Delegates Cowles, Tansill, Doyle and Schadler)
[Introduced January 18, 2008; referred to the
Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §7-7-7 of the Code of West Virginia,
1931, as amended, relating to compensation of elected county
officials; and fiscal responsibility and authority of county
commissions over their budgets and salaries.
Be it enacted by the Legislature of West Virginia:
That §7-7-7 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-7. County assistants, deputies and employees; their number
and compensation; county budget.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney, by and with the advice and consent of the
county commission, may appoint and employ, to assist them in the
discharge of their official duties for and during their respective terms of office, assistants, deputies and employees. The county
clerk may designate one or more of his or her assistants as
responsible for all probate matters.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney shall, prior to the second day of March of
each year, file with the county commission a detailed request for
appropriations for anticipated or expected expenditures for their
respective offices, including the compensation for their
assistants, deputies and employees, for the ensuing fiscal year.
The county commission shall, prior to the twenty-ninth day of
March of each year by order fix the total amount of money to be
expended by the county for the ensuing fiscal year, which amount
shall include the compensation of county assistants, deputies and
employees. Each county commission shall enter its order upon its
county commission record.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor and
prosecuting attorney shall then fix the compensation of their
assistants, deputies and employees based on:
(1) The total amount
of money designated for expenditure by their respective offices by
the county commission;
and (2) upon a schedule of employee
classification, to be provided by the county commission, setting
forth salary steps applicable to all county employees, for the purpose of assuring that employees in each classification are
compensated fairly, and the employees performing similar work are
compensated similarly. In any case in which the county commission
and the county clerk, circuit clerk, joint clerk, if any, sheriff,
county assessor and prosecuting attorney or any of them disagree as
to individual salaries assigned by these officers, the county
commission determination shall prevail: Provided, That the county
commission must provide written justification for its decision as
to each employee salary affected. and In all cases the amount
expended
shall may not exceed the total expenditure designated by
the county commission for each office.
The county officials, in fixing the individual compensation of
their assistants, deputies and employees and the county commission
in fixing the total amount of money to be expended by the county,
shall give due consideration to the duties, responsibilities and
work required of the assistants, deputies and employees and their
compensation shall be reasonable and proper.
After the county commission has fixed the total amount of
money to be expended by the county for the ensuing fiscal year and
after each county official has fixed the compensation of each of
his or her assistants, deputies and employees, as provided in this
section, each county official shall file prior to the thirtieth day
of June, with the clerk of the county commission, a budget
statement for the ensuing fiscal year setting forth the name, or the position designation if then vacant, of each of his or her
assistants, deputies and employees, the period of time for which
each is employed, or to be employed if the position is then vacant,
and his or her monthly or semimonthly compensation.
All budget statements required to be filed by this section
shall be verified by an affidavit by the county official making
them. Among other things contained in the affidavit shall be the
statement that the amounts shown in the budget statement are the
amounts actually paid or intended to be paid to the assistants,
deputies and employees without rebate, and without any agreement,
understanding or expectation that any part thereof shall be repaid
to him or her, and that, prior to the time the affidavit is made,
nothing has been paid or promised him or her on that account, and
that if he or she shall thereafter receive any money, or thing of
value, on account thereof, he or she will account for and pay the
same to the county. Until the statements required by this section
have been filed, no allowance or payments
shall may be made to any
county official or their assistants, deputies and employees.
Each county official named in this section shall have the
authority to discharge any of his or her assistants, deputies or
employees by filing with the clerk of the county commission a
discharge statement specifying the discharge action:
Provided,
That no deputy sheriff appointed pursuant to the provisions of
article fourteen, chapter seven of this code,
shall may be discharged contrary to the provisions of that article.
NOTE: The purpose of this bill is to clarify the fiscal
responsibility and authority of county commissions over their
budgets and expenditures, particularly in regard to salaries of
department heads and elected county officials.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.