ENROLLED
Senate Bill No. 14
(By Senators Dittmar, Anderson, Whitlow and Bailey)
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[Passed March 11, 1995; in effect ninety days from passage.]
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AN ACT to amend and reenact section four, article six, chapter
twenty-nine of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to civil
service system; classified-exempt service; additions to
classified service; and exemptions.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE COMMISSION.
§29-6-4. Classified-exempt service; additions to classified
service; exemptions.
(a) The classified-exempt service includes all positions
included in the classified-exempt service on the effective date of this article.
(b) Except for the period commencing on the first day of July,
one thousand nine hundred ninety-two, and ending on the first
Monday after the second Wednesday of the following January and
except for the same periods commencing in the year one thousand
nine hundred ninety-six, and in each fourth year thereafter, the
governor may, by executive order, with the written consent of the
state personnel board and the appointing authority concerned, add
to the list of positions in the classified service, but such
additions shall not include any positions specifically exempted
from coverage as provided in this section.
(c) The following offices and positions are exempt from
coverage under the classified service:
(1) All judges, officers and employees of the judiciary;
(2) All members, officers and employees of the Legislature;
(3) All officers elected by popular vote and employees of the
officer;
(4) All secretaries of departments and employees within the
office of a secretary;
(5) Members of boards and commissions and heads of departments
appointed by the governor or such heads of departments selected by
commissions or boards when expressly exempt by law or board order;
(6) Excluding the policy-making positions in an agency, one principal assistant or deputy and one private secretary for each
board or commission or head of a department elected or appointed by
the governor or Legislature;
(7) All policy-making positions;
(8) Patients or inmates employed in state institutions;
(9) Persons employed in a professional or scientific capacity
to make or conduct a temporary and special inquiry, investigation
or examination on behalf of the Legislature or a committee thereof,
an executive department or by authority of the governor;
(10) All employees of the office of the governor, including
all employees assigned to the executive mansion;
(11) County road supervisors employed by the division of
highways or their successors;
(12) Part-time professional personnel engaged in professional
services without administrative duties and personnel employed for
ninety days or less during a working year;
(13) Members and employees of the board of trustees and board
of directors or their successor agencies;
(14) Uniformed personnel of the division of public safety; and
(15) Seasonal employees in the state forests, parks, and
recreational areas working less than 1,733 hours per calendar year:
Provided, That notwithstanding any provision of law to the
contrary, seasonal employees shall not be considered full-time employees.
(d) The Legislature finds that the holding of political
beliefs and party commitments consistent or compatible with those
of the governor contributes in an essential way to the effective
performance of and is an appropriate requirement for occupying
certain offices or positions in state government, such as the
secretaries of departments and the employees within their offices,
the heads of agencies appointed by the governor and, for each such
head of agency, a private secretary and one principal assistant or
deputy, all employees of the office of the governor including all
employees assigned to the executive mansion, as well as any persons
appointed by the governor to fill policy-making positions, in that
such offices or positions are confidential in character and/or
require their holders to act as advisors to the governor or the
governor's appointees, to formulate and implement the policies and
goals of the governor or the governor's appointees, or to help the
governor or the governor's appointees communicate with and explain
their policies and views to the public, the Legislature and the
press.