SENATE CONCURRENT RESOLUTION NO. 53
(By Senators Kessler, Browning, Foster, Jenkins, Laird, Minard,
Palumbo, Snyder, Stollings, Williams, Yost, Barnes and Deem)
[Originating in the Committee on the Judiciary]
Requesting the
Joint Committee on Government and Finance
to study
the practical application of West Virginia Code §5F-2-7 to
determine how the section of the code is being used by state
departments, when employees are involuntarily transferred, and
what, if anything, should be done to ensure that involuntary
transfer only occurs when the person transferred is from "
a
position that is to be consolidated or eliminated" as required
by §5F-2-7.
Whereas, state law provides for the involuntary transfer of
state employees only when a position is to be consolidated or
eliminated; and
Whereas, state law provides that the transferred employee
receive the same level of benefits and rate of compensation or
higher; and
Whereas, state law requires the option to transfer be offered
to each employee starting with the most senior employee and then
down through the least senior employee and until the requisite
number of employees to be transferred agree to take the voluntary transfer; and
Whereas, state law requires that if there are not enough
employees voluntarily transferred, then
an involuntary transfer may
be ordered beginning with the least senior permanent employee who
qualifies for the position
; and
Whereas, state law contains certain requirements that limit
the use of the involuntary transfer mechanism; and
Whereas, the West Virginia Public Workers Union has expressed
concern over the use of the involuntary transfer mechanism as a
form of punishment or retaliation; therefore be it
Resolved by the Legislature of West Virginia:
That the
Joint Committee on Government and Finance
is hereby
requested to study the instances of involuntary transfers of state
employees from one department to another under the authority
granted to the transferring department by West Virginia Code §5F-2-
7; and, be it
Further Resolved, That an assessment be made as to the
efficacy of West Virginia Code §5F-2-7 with a particular emphasis
on the use of involuntary transfers under circumstances not
contemplated by the plain language of the statute; and, be it
Further Resolved, That if the
Joint Committee on Government
and Finance
concludes that involuntary transfers are being used in
a way contrary to the language of the statute, then the
Joint
Committee on Government and Finance
shall prepare recommendations to clarify the statute or repeal the statute in order to best meet
the goals of the original intent of the statute; and, be it
Further Resolved, That the
Joint Committee on Government and
Finance report to the regular session of the Legislature in 2011 on
its findings, conclusions and recommendations, together with any
legislation necessary to effectuate its recommendations
; and, be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the
Joint Committee on
Government and Finance
.
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