COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 138
(By Senators Tomblin, Mr. President, and Boley,
By Request of the Executive)
____________
[Originating in the Committee on Government Organization;
reported February 15, 1995.]
____________
A BILL to amend and reenact section three, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
two-a, article seven, chapter six of said code; to amend and
reenact section seven, article six, chapter twenty-nine of
said code; and to further amend said article by adding
thereto a new section, designated section twenty-seven, all
relating to the salaries of the director of the division of
personnel and director of the public employees insurance
agency; creation of the center for quality government within
the division of personnel; board of directors of the center;
membership and composition of the board; authorization to
employ necessary persons and contract for professional
services; duties and responsibilities; composition of
advisory council to assist center; and termination date.
Be it enacted by the Legislature of West Virginia:
That section three, article sixteen, chapter five of the
code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section two-a, article
seven, chapter six of said code be amended and reenacted; that
section seven, article six, chapter twenty-nine of said code be
amended and reenacted; and that said article be further amended
by adding thereto a new section, designated section twenty-seven,
all to read as follows:
CHAPTER 5. BOARDS AND COMMISSIONS.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES ACT.
§5-16-3. Public employees insurance agency continued;
appointment, qualification, compensation and duties
of director of agency; employees; civil service
coverage; director vested after specified date with
powers of public employees insurance board;
expiration of agency.
(a) The public employees insurance agency, heretofore
created, is continued, and shall consist of the director, the
finance board, the advisory board and such employees as may be
authorized by law. The director shall be appointed by the
governor, with the advice and consent of the Senate. He or she
shall serve at the will and pleasure of the governor, unless
earlier removed from office for cause as provided by law. The
director shall have at least three years experience in health
insurance administration prior to appointment as director. The
director shall receive an annual salary established by the
governor not to exceed sixty-five thousand dollars and actual
expenses incurred in the performance of official business. The
director shall employ such administrative, technical and clerical employees as shall be required for the proper administration of
the insurance programs herein provided. The director shall
perform such duties as are required of him or her under the
provisions of this article and shall be the chief administrative
officer of the public employees insurance agency.
(b) All positions in the agency, except for the director and
his or her personal secretary, shall be included in the
classified service of the civil service system pursuant to
article six, chapter twenty-nine of this code. Any person
required to be included in the classified service by the
provisions of this subsection who was employed in any of the
positions included herein on or after the effective date of this
article shall not be required to take and pass qualifying or
competitive examinations upon or as a condition to being added
to the classified service: Provided, That no person required to
be included in the classified service by the provisions of this
subsection who was employed in any of the positions included
herein as of the effective date of this section shall be
thereafter severed, removed or terminated in his or her
employment prior to his or her entry into the classified service
except for cause as if such person had been in the classified
service when severed, removed or terminated.
(c) The director shall be responsible for the administration
and management of the public employees insurance agency as
provided for in this article and in connection therewith shall
have the power and authority to make all rules necessary to
effectuate the provisions of this article. Nothing in section four or five of this article shall limit the director's ability
to manage on a day-to-day basis the group insurance plans
required or authorized by this article, including, but not
limited to, administrative contracting, studies, analyses and
audits, eligibility determinations, utilization management
provisions and incentives, provider negotiations, provider
contracting and payment, designation of covered and noncovered
services, offering of additional coverage options or cost
containment incentives, pursuit of coordination of benefits and
subrogation, or any other actions which would serve to implement
the plan or plans designed by the finance board.
(d) The public employees insurance agency shall terminate in
the manner provided in article ten, chapter four of this code,
on the first day of July, one thousand nine hundred ninety-five,
unless extended by legislation enacted before the termination
date.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. Compensation and allowance.
§6-7-2a. Terms of certain appointive state officers;
appointment; qualifications; powers and salaries of
such officers.
(a) Notwithstanding any other provision of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the following appointive state
officers named in this subsection shall be appointed by the
governor, by and with the advice and consent of the Senate. Each of such appointive state officers shall serve at the will and
pleasure of the governor for the term for which the governor was
elected and until the respective state officers' successors have
been appointed and qualified. Each of such appointive state
officers shall hereafter be subject to the existing
qualifications for holding each such respective office and each
shall have and is hereby granted all of the powers and authority
and shall perform all of the functions and services heretofore
vested in and performed by virtue of existing law respecting each
such office.
Beginning on the first day of July, one thousand nine hundred
ninety-four, the annual salary of each named appointive state
officer shall be as follows:
Administrator, division of highways, sixty-five thousand
dollars; administrator, division of health, fifty-seven thousand
two hundred dollars; administrator, division of human services,
forty-seven thousand eight hundred dollars; administrator, state
tax division, forty-nine thousand nine hundred dollars;
administrator, division of energy, sixty-five thousand dollars;
administrator, division of corrections, fifty-five thousand
dollars; administrator, division of natural resources, sixty-five
thousand dollars; administrator, division of public safety, sixty
thousand dollars; administrator, lottery division, sixty thousand
dollars; administrator, division of banking, fifty-five thousand
dollars; administrator, division of insurance, fifty-five
thousand dollars; administrator, division of culture and history,
fifty thousand dollars; administrator, alcohol beverage control commission, sixty thousand dollars; administrator, division of
motor vehicles, fifty-five thousand dollars; director, division
of personnel, fifty thousand dollars; adjutant general, fifty
thousand dollars; chairman, health care cost review authority,
fifty-five thousand dollars; members, health care cost review
authority, fifty-one thousand two hundred dollars; director,
human rights commission, forty thousand dollars; administrator,
division of labor, fifty-five thousand dollars; administrator,
division of veterans affairs, forty thousand dollars;
administrator, division of emergency services, forty thousand
dollars; members, board of parole, forty thousand dollars;
members, employment security review board, seventeen thousand
dollars; members, workers' compensation appeal board, seventeen
thousand eight hundred dollars: Provided, That beginning the
first day of July, one thousand nine hundred ninety-five, the
annual salary for the director, division of personnel, shall be
sixty thousand dollars.
Prior to the first day of July, one thousand nine hundred
ninety-four, each of the aforesaid officers shall continue to
receive the annual salaries they were receiving as of the last
day of December, one thousand nine hundred ninety-three.
(b) Notwithstanding any other provisions of this code to the
contrary enacted prior to the first day of January, one thousand
nine hundred ninety-four, each of the state officers named in
this subsection shall continue to be appointed in the manner
prescribed in this code, and, prior to the first day of July, one
thousand nine hundred ninety-four, each of the state officers named in this subsection shall continue to receive the annual
salaries they were receiving as of the last day of December, one
thousand nine hundred ninety-three, and shall thereafter be paid
an annual salary as follows: State superintendent of schools,
seventy-five thousand dollars; administrator, division of risk
and insurance management, fifty thousand dollars; director,
division of rehabilitation services, fifty-five thousand dollars;
executive director, educational broadcasting authority,
forty-seven thousand five hundred dollars; secretary, library
commission, forty-seven thousand five hundred dollars; director,
geologic and economic survey, forty-seven thousand five hundred
dollars; executive director, water development authority,
fifty-four thousand two hundred dollars; executive director,
public defender services, fifty-five thousand dollars; director,
commission on aging, forty thousand dollars; commissioner, oil
and gas conservation commission, forty thousand dollars;
director, farm management commission, thirty-two thousand five
hundred dollars; director, railroad maintenance authority, fifty
thousand dollars; executive secretary, women's commission, thirty
thousand one hundred dollars; director, regional jail authority,
fifty-five thousand dollars; director, hospital finance
authority, twenty-five thousand eight hundred dollars.
(c) No increase in the salary of any appointive state officer
pursuant to this section shall be paid until and unless such
appointive state officer shall have first filed with the state
auditor and the legislative auditor a sworn statement, on a form
to be prescribed by the attorney general, certifying that his or her spending unit is in compliance with any general law providing
for a salary increase for his or her employees. The attorney
general shall prepare and distribute such form to the affected
spending units: Provided, That no decrease in salary shall be
effective for any current appointive state officer appointed
prior to the first day of January, one thousand nine hundred
eighty-nine: Provided, however, That such decreases shall take
effect at such time as any appointive office is vacated:
Provided further, That the increase provided for the state
superintendent of schools enacted during the regular session, one
thousand nine hundred ninety-four, should not become effective
until the first day of January, one thousand nine hundred
ninety-seven.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE.
§29-6-7. Director of personnel; appointment; qualifications;
powers and duties.
(a) The secretary of the department of administration shall
appoint the director. 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 and at least five years of
administrative experience in personnel administration.
(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
necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or
transactions for 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 through the center for quality
government, to improve efficiency and effectiveness of the public
service, including, but not limited to, employee training,
development, assistance and incentives;
(7) Establish pilot programs and other projects for a
maximum of one year outside of the provisions of this article,
subject to approval by the board, to be included in the annual
report;
(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 work force 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
(14) Conduct schools, seminars or classes for supervisory
employees of the state regarding handling of complaints and
disciplinary matters and the operation of the state personnel
system.
§29-6-27. Center for quality government.
(a) The Legislature finds:
(1) The provision of state government services, like most
other services in our economy, is becoming increasingly complex
and specialized;
(2) State government must invest in training for its
employees and must reduce turnover of experienced employees who
leave state government to learn and earn more in the private
sector; and
(3) That to address these issues, state government agencies
need to establish a center for quality government which, guided
by public and private sector persons familiar with human
resources and professional development, can train and educate
state employees to meet the increasingly complex and specialized
needs of state government and to instill in state employees a
sense of accomplishment and purpose, thus fostering such
employees' continuing commitment to the service of the citizens
of this state.
(b) The center for quality government, hereinafter referred to as the "center," is hereby established within the division of
personnel. The purpose of the center is to assist state agencies
in training and educating their employees and to execute such
specific duties and powers assigned to the center by law.
(c) There is hereby created within the division a board of
directors of the center for quality government which shall
consist of nine members: The chancellor of the board of trustees,
ex officio; the chancellor of the board of directors, ex officio;
the state superintendent of schools, ex officio; the director of
the division of personnel, ex officio; and five persons appointed
by the governor who have private sector experience on the
training of employees and with other human resource development
issues. The members shall be appointed on or before the first
day of June, one thousand nine hundred ninety-five. Of the
initial appointed members, two shall be appointed for two-year
terms and three shall be appointed for four-year terms. All
successive appointments shall be for four-year terms. The
director of the division of personnel shall convene the first
meeting of the center for the purpose of electing a chair, vice-
chair, and secretary and for other organizational purposes.
Appointed members shall be reimbursed for reasonable and
necessary expenses actually incurred in the performance of their
official duties from funds appropriated or otherwise made
available for such purposes upon submission of an itemized
statement therefor.
(d) The center may employ and fix the compensation for such
other persons as may be necessary to carry out the mission and duties of the center. The center may also contract for any
services needed to carry out its responsibilities under this
article. The provisions of article three, chapter five-a of this
code relating to the division of purchasing of the department of
finance and administration shall not apply to any contracts for
professional services authorized to be executed by the center
under the provisions of this article. Before entering into any
such contract greater than ten thousand dollars, the center shall
invite bids from all vendors qualified to provide the requested
services, dealing directly with such vendors in presenting
specifications and receiving quotations for bid purposes. The
director shall award any such contract on a competitive basis,
taking into account the experience of the offering vendor, the
quality of the vendor's service and the cost of such services.
(e) On the first day of July, one thousand nine hundred
ninety-five, the center shall assume all responsibilities for
employee training and education services previously provided by
the division of personnel and for helping agencies encourage
their employees to exercise the practices and principles deemed
necessary to the continued improvement in the state's delivery of
services to its citizens.
(f) On or before the first day of October, one thousand nine
hundred ninety-five, the center shall develop and begin
implementing a comprehensive plan for helping state agency
administrators develop and improve the following skills:
(1) Leadership skills: Including the ability to coach and
motivate, encourage team work,
communicate effectively, practice effective delegation, manage change, resolve conflict, make hard
decisions and practice sound personal values;
(2) Administrative skills: Including budgeting, personnel
decisions, time management and information systems knowledge; and
(3) Professional development: Including skills to stay
informed about recent trends in an administrator's field, to
identify gaps in knowledge about that field and to define and
refine career objectives.
The training provided by the plan shall minimize
lecture-oriented training techniques, maximize "real work"
training strategies, and assure adequate preparation and ongoing
evaluation of administrators participating in any resulting
training.
(g) On or before the first day of December, one thousand nine
hundred ninety-five, the center shall recommend to the governor
and to the Legislature such administrative and legislative
actions that may be necessary to increase the ability of state
government to recruit, train and retain highly qualified
administrators. Such recommendations shall address issues
relating to hiring, promotion, termination, career development,
compensation and training..
(h) To assist the center i5A-n the performance of its
duties, there is created an advisory council consisting of one
person designated by each department secretary or bureau
commissioner who is familiar with the human resource, training
and education needs of that particular department or bureau.
(i) Upon the effective date of this section, the center shall be established. Pursuant to the provisions of article ten,
chapter four of this code, the center for quality government
shall continue to exist until the first day of July, one thousand
nine hundred ninety-nine, to allow for the completion of a
preliminary performance review by the joint committee on
government operations.