SENATE CONCURRENT RESOLUTION 19

By Senators Woodrum and Trump

[Introduced February 23, 2023]

Requesting the Joint Committee on Government Organization study the operations of the Division of Personnel; to study the feasibility of transferring the division’s functions to individual agencies; and to determine if agencies should be provided rule-making authority to effectuate their new functions.

Whereas, The Division of Personnel has been an integral part of the Department of Administration since its creation in 1989; and

Whereas, The division has served the State of West Virginia by: Evaluating applicants for appointment or promotion to positions in the classified service; establishing and applying a system of classification for positions in the classified and classified-exempt service; establishing and applying a system of compensation for positions in the classified service; advising appointing authorities and supervisory personnel regarding disciplinary matters, the provisions of §29-6-1 et seq. of the Code of West Virginia, the rules implementing the provisions of said article, and the laws and rules affecting human resource management; providing training in human resource management and the operation of the state personnel system; assuring compliance with Article 6 of the Code of West Virginia and rules implementing the provisions of same; and fulfilling other necessary functions to establish a system of personnel administration as provided in of §29-6-1 et seq.of the Code of West Virginia; and

Whereas, The division may no longer be necessary to serve the functions for which it was created; and

Whereas, Individual agencies currently subject to the division’s process and procedures may be better suited to internally carry out the division’s functions as provided in §29-6-5 of the Code of West Virginia; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government Organization is hereby requested to study the operations and functions of the Division of Personnel; and, be it

Further Resolved, That the Joint Committee on Government Organization is hereby requested to determine if the Division of Personnel is necessary to carry out the functions listed in §29-6-5 of the Code of West Virginia; and, be it

Further Resolved, That the Committee on Government Organization is hereby requested to determine if individual agencies currently subject to the division’s process and procedures may be better suited to carry out the division’s existing duties internally; and, be it

Further Resolved, That if the Joint Committee on Government Organization determines that the division is no longer necessary to carry out its functions and that individual agencies are better suited for same, the Joint Committee on Government Organization is hereby requested to determine: If the Secretary of Department of Administration and the State Personnel Board should establish interim policies and procedures to aid in an orderly and efficient process during the transfer of the personnel administration to the agencies; and if the board should promulgate emergency legislative rules pursuant to §29-3A-15 of the Code of West Virginia to effectuate the transfer of administrative duties; and, be it

Further Resolved, That the Joint Committee on Government Organization report to the regular session of the Legislature, 2024, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.