Senate Bill No. 98
(By Senators Craigo, Dittmar and Brackenrich)
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[Introduced February 19, 1993; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact section four, article six, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to civil service
system; classified-exempt service; additions to classified
service; and exemptions.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-4. Classified-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 the first day of
July, one thousand nine hundred ninety-two, and ending on thefirst Monday after the second Wednesday of the following January
and except for the same periods commencing in the year one
thousand nine hundred ninety-six, 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 such additions shall not include any
positions specifically exempted from coverage as provided in this
section.
(c) The following offices and positions are exempt from
coverage under the classified service:
(1) All judges, officers and employees of the judiciary;
(2) All members, officers and employees of the Legislature;
(3) All officers elected by popular vote and employees of
the officer;
(4) All secretaries of departments and employees within the
office of a secretary;
(5) Members of boards and commissions and heads of
departments appointed by the governor or such heads of
departments selected by commissions or boards when expressly
exempt by law or board order;
(6) Excluding the policymaking positions in an agency, 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;
(7) All policymaking positions;
(8) Patients or inmates employed in state institutions;
(9) 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 department or by authority of the
governor;
(10) All employees of the office of the governor, including
all employees assigned to the executive mansion;
(11) County road supervisors employed by the division of
highways or their successors;
(12) Part-time professional personnel engaged in
professional services without administrative duties and personnel
employed for ninety days or less during a working year;
(13) Members and employees of the
board of regents board of
trustees and board of directors or
its their successor agencies;
(14) Uniformed personnel of the division of public safety;
and
(15) Seasonal employees in the state forests, parks, and
recreational areas working less than
1,560 1,733 hours per
calendar year:
Provided, That notwithstanding any provision of
law to the contrary, seasonal employees shall not be considered
full-time employees.
(d) 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 occupyingcertain 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
policymaking positions and county road supervisors or their
successors, in that such offices or positions are confidential in
character and/or require their holders to act as advisors to the
governor or his appointees, to formulate and implement the
policies and goals of the governor or his appointees, or to help
the governor or his appointees communicate with and explain their
policies and views to the public, the Legislature and the press.
NOTE: The purpose of this bill is to increase the number of
hours seasonal state forest, park and recreational area employees
may work from 1,560 to 1,733.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.