HB 3080 Text

H. B. 3080

(By Delegates Perry, Pino and Stemple)
[Introduced February 15, 2007; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §49-5E-5a of the Code of West Virginia, 1931, as amended, relating to clarifying that certain employees of the Division of Juvenile Services are not covered by the civil service system.

Be it enacted by the Legislature of West Virginia:
That §49-5E-5a of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.

§49-5E-5a. Juvenile detention and corrections facilities; employees; priority of hiring.

(a) Notwithstanding any provision of this code to the contrary, the division, when employing any persons to complete the approved staffing plan of any of its juvenile detention or corrections facilities, shall employ any person otherwise qualified who applies for a position at the juvenile detention or corrections facility who was also employed in good standing at a county or local jail facility, at the time of its closing, that was closed due to the completion of a regional jail.
(b) All persons employed at a juvenile detention or corrections facility shall be employed at a salary and with benefits consistent with the approved plan of compensation of the Division of Personnel, created under section five, article six, chapter twenty-nine of this code; all such employees shall also be covered by the policies and procedures of the Education and State Employees Grievance Board, created under section five, article six-a, chapter twenty-nine of this code and the classified service protection policies of the Division of Personnel. Nothing in this subsection gives civil service protections to employees of the division that are otherwise exempt under the provisions of article six, chapter twenty-nine of this code.

NOTE: The purpose of this bill is to clarify that employees of the Division of Juvenile Services that are exempt from civil service coverage under the civil service law are not entitled to civil service coverage due to language in this section.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended for introduction and passage during the 2007 Regular Session of the Legislature by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.

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