H. B. 2411
(By Delegate Mezzatesta)
[Introduced February 8, 1995; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section two, article two, chapter
five-f of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to prohibiting the
secretary of any executive department from holding any other
position.
Be it enacted by the Legislature of West Virginia:
That section two, article two, chapter five-f of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-2. Power and authority of secretary of each department.
(a) Notwithstanding any other provision of this code to the
contrary, the secretary of each department shall have plenary
power and authority within and for the department to:
(1) Employ and discharge within the office of the secretary such employees as may be necessary to carry out the functions of
the secretary, which employees shall serve at the will and
pleasure of the secretary;
(2) Cause the various agencies and boards to be operated
effectively, efficiently and economically, and develop goals,
objectives, policies and plans that are necessary or desirable
for the effective, efficient and economical operation of the
department;
(3) Eliminate or consolidate positions, other than positions
of administrators or positions of board members, and name a
person to fill more than one position;
(4) Delegate, assign, transfer or combine responsibilities
or duties to or among employees, other than administrators or
board members;
(5) Reorganize internal functions or operations;
(6) Formulate comprehensive budgets for consideration by the
governor, and transfer within the department funds appropriated
to the various agencies of the department which are not expended
due to cost savings resulting from the implementation of the
provisions of this chapter: Provided, That no more than
twenty-five percent of the funds appropriated to any one agency
or board may be transferred to other agencies or boards within
the department: Provided, however, That no funds may be
transferred from a special revenue account, dedicated account, capital expenditure account or any other account or funds
specifically exempted by the Legislature from transfer, except
that the use of appropriations from the state road fund
transferred to the office of the secretary of the department of
transportation is not a use other than the purpose for which such
funds were dedicated and is permitted: Provided further, That if
the Legislature by subsequent enactment consolidates agencies,
boards or functions, the secretary may transfer the funds
formerly appropriated to such agency, board or function in order
to implement such consolidation. The authority to transfer funds
under this section shall expire on the thirtieth day of June, one
thousand nine hundred eighty-nine;
(7) Enter into contracts or agreements requiring the
expenditure of public funds, and authorize the expenditure or
obligating of public funds as authorized by law: Provided, That
the powers granted to the secretary to enter into contracts or
agreements and to make expenditures or obligations of public
funds under this provision shall not exceed or be interpreted as
authority to exceed the powers heretofore granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that
comprise and are incorporated into each secretary's department
under this chapter;
(8) Acquire by lease or purchase property of whatever kind or character, and convey or dispose of any property of whatever
kind or character as authorized by law: Provided, That the
powers granted to the secretary to lease, purchase, convey or
dispose of such property shall not exceed or be interpreted as
authority to exceed the powers heretofore granted by the
Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that
comprise and are incorporated into each secretary's department
under this chapter;
(9) Conduct internal audits;
(10) Supervise internal management;
(11) Promulgate rules, as defined in section two, article
one, chapter twenty-nine-a of this code, to implement and make
effective the powers, authority and duties granted and imposed by
the provisions of this chapter, such promulgation to be in
accordance with the provisions of chapter twenty-nine-a of this
code;
(12) Grant or withhold written consent to the proposal of
any rule, as defined in section two, article one, chapter
twenty-nine-a of this code, by any administrator, agency or board
within the department, without which written consent no proposal
of a rule shall have any force or effect;
(13) Delegate to administrators such duties of the secretary
as the secretary may deem appropriate from time to time to facilitate execution of the powers, authority and duties
delegated to the secretary; and
(14) Take any other action involving or relating to internal
management not otherwise prohibited by law.
(b) The secretaries of the departments hereby created shall
engage in a comprehensive review of the practices, policies and
operations of the agencies and boards within their departments to
determine the feasibility of cost reductions and increased
efficiency which may be achieved therein, including, but not
limited to, the following:
(1) The elimination, reduction and restrictions in the use
of the state's vehicle or other transportation fleet;
(2) The elimination, reduction and restrictions in the
preparation of state government publications, including annual
reports, informational materials and promotional materials;
(3) The termination or renegotiation of terms contained in
lease agreements between the state and private sector for
offices, equipment and services;
(4) The adoption of appropriate systems for accounting,
including consideration of an accrual basis financial accounting
and reporting system;
(5) The adoption of revised procurement practices to
facilitate cost effective purchasing procedures, including
consideration of means by which domestic businesses may be assisted to compete for state government purchases; and
(6) The computerization of the functions of the state
agencies and boards.
(c) Notwithstanding the provisions of subsections (a) and
(b) of this section, none of the powers granted to the
secretaries herein shall be exercised by the secretary if to do
so would violate or be inconsistent with the provisions of any
federal law or regulation, any federal-state program or federally
delegated program or jeopardize the approval, existence or
funding of any such program, and the powers granted to the
secretary shall be so construed.
(d) No secretary may hold or serve in any other position or
title created or listed in this code.
(d) (e) The layoff and recall rights of employees within the
classified service of the state as provided in subsections five
and six, section ten, article six, chapter twenty-nine of this
code shall be limited to the organizational unit within the
agency or board and within the occupational group established by
the classification and compensation plan for the classified
service of the agency or board in which the employee was employed
prior to the agency or board's transfer or incorporation into the
department: Provided, That the employee shall possess the
qualifications established for the job class. The duration of
recall rights provided in this subsection shall be limited to two years or the length of tenure, whichever is less. Except as
provided in this subsection, nothing contained in this section
shall be construed to abridge the rights of employees within the
classified service of the state as provided in sections ten and
ten-a, article six, chapter twenty-nine of this code or the right
of classified employees of the board of regents trustees and the
board of directors to the procedures and protections set forth in
article twenty-six-b, chapter eighteen of this code.
NOTE: The purpose of this bill is to prohibit any of the
super secretaries from holding other positions within state
government.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.