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Chapter 18 B     Entire Code


ARTICLE 1. GOVERNANCE.

ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.

ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

ARTICLE 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.

ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.

ARTICLE 1E. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY REVITALIZATION PROJECT.

ARTICLE 1F. MANAGEMENT AGREEMENTS FOR THE HIGHER EDUCATION POLICY COMMISSION.

ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.

ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.

ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL-GRANTING PUBLIC UNIVERSITIES.

ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION.

ARTICLE 3B. COLLABORATIVE DEGREE COMPLETION PROGRAM.

ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.

ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.

ARTICLE 3E. EASTERN WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.

ARTICLE 3F. REORGANIZATION OF COMMUNITY AND TECHNICAL COLLEGES.

ARTICLE 4. GENERAL ADMINISTRATION.

ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.

ARTICLE 6. ADVISORY COUNCILS.

ARTICLE 7. PERSONNEL GENERALLY.

ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.

ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.

ARTICLE 9A. CLASSIFICATION AND COMPENSATION SYSTEM.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.

ARTICLE 11A. STATE AUTISM TRAINING CENTER.

ARTICLE 11B. WEST VIRGINIA POISON CENTER.

ARTICLE 12. RESEARCH AND DEVELOPMENT AGREEMENTS FOR STATE INSTITUTIONS OF HIGHER EDUCATION.

ARTICLE 12A. CENTERS FOR ECONOMIC DEVELOPMENT AND TECHNOLOGY ADVANCEMENT.

ARTICLE 13. HIGHER EDUCATION -- INDUSTRY PARTNERSHIPS.

ARTICLE 14. MISCELLANEOUS.

ARTICLE 15. SEVERABILITY.

ARTICLE 16. HEALTH CARE EDUCATION.

ARTICLE 17. LEGISLATIVE RULES.

ARTICLE 18. EMINENT SCHOLARS ENDOWMENT TRUST FUND ACT.

ARTICLE 18A. DIRECTED RESEARCH ENDOWMENTS.

ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.

ARTICLE 19. CAPITAL PROJECTS AND FACILITIES NEEDS.

ARTICLE 9B. ORGANIZATION PERSONNEL RULES.

§18B-9B-1. Flexibility to adopt personnel rules; emergency rule authorized.

(a) West Virginia University; Marshall University; West Virginia School of Osteopathic Medicine; or any other organization that provides notice to the commission or council, as appropriate; may, after consultation with staff council of the applicable organization, file a rule or rules to implement articles seven and eight of this chapter, and upon the adoption any rules promulgated by the commission or council under articles seven and eight of this chapter are inapplicable to the organization.

(b) West Virginia University; Marshall University; West Virginia School of Osteopathic Medicine; or any other organization that provides notice to the commission or council, as appropriate, may establish a classification and compensation rule, after consultation with and providing 30 days written notice to the staff council of the applicable organization, that incorporates best human resources practices and addresses the areas of organization accountability, employee classification and compensation, performance evaluation, reductions in force, and development of organization policies, and upon the adoption the provisions of article nine-a of this chapter and any rule promulgated by the commission or the council thereto, is inapplicable to the extent it conflicts with the rule promulgated by the organization:  Provided, That any rule adopted by an organization shall use the definitions of classified and nonclassified employees established in section two of article nine-a of this chapter.

(c) Any rule adopted by an organization pursuant to subsection (b) of this section shall address the following:

(1) Employee classification and compensation. — The rule proposed pursuant to this policy shall establish a classification and compensation system to accomplish the following objectives, including best practices consistent with those objectives:

(A) Providing opportunities for employee advancement based on performance and other objective, measurable factors including education, years of experience, technical expertise, and experience above position requirements;

(B) Identifying the factors to be used to classify jobs and their relative values or comparable best practice and determining the requirements that are necessary to assign a job to a particular salary level; and

(C) Establishing an objective standard to be used in determining when a job description or a position description is up-to-date.

(2) Performance evaluations. — The rule shall provide for developing and implementing a consistent, objective performance evaluation model and shall mandate that training in conducting performance evaluations be provided for all organization personnel who hold supervisory positions.

(3) Management shall meet at least quarterly with representatives of staff council to discuss the implementation and effectiveness of any rule adopted by an organization pursuant to articles seven, eight, nine-a and nine-b of this chapter and may make recommendations to the president or board of Governors of an organization to address any concerns or issues identified by staff council;

(4) The rule may provide for differential pay for certain employees who work different shifts, weekends or holidays and for differential treatment for employees; and

(5) The rule shall provide for an external review of human resource practices at the organization at least once every five years, relating to compliance with the applicable provisions of article seven, eight, nine-a and nine-b of this chapter, including provisions that the staff council have an opportunity to speak with the external Auditors before the start of the audit and after its completion.

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