H. B. 2706
(By Delegates Beane and Kuhn)
[Introduced January 28, 2003; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section five, article twenty-nine,
chapter eighteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to compensation
paid to members of the education and state employee grievance
board.
Be it enacted by the Legislature of West Virginia:
That section five, article twenty-nine, chapter eighteen of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 29. GRIEVANCE PROCEDURE.
§18-29-5. Education and state employees grievance board; hearing
examiners.
(a) The education and state employees grievance board shall
consist of three members who are citizens of the state appointed by
the governor by and with the advice and consent of the Senate for overlapping terms of three years. No two members may be from the
same congressional district, and no more than two of the appointed
members may be from the same political party. No person may be
appointed to membership on the board who is a member of any
political party executive committee or holds any other public
office or public employment under the federal government or under
the government of this state. Members are eligible for
reappointment, and any vacancy on the board shall be filled within
thirty days of the vacancy by the governor by appointment for the
unexpired term.
(b) A member of the board may not be removed from office
except for official misconduct, incompetence, neglect of duty,
gross immorality or malfeasance, and then only in the manner
prescribed in article six, chapter six of this code for the removal
by the governor of the state elected officers.
(c) The board shall hold at least two meetings yearly at times
and places as it may prescribe and may meet at other times as may
be necessary, the other meetings to be agreed to in writing by at
least two of the members. The compensation for members of the
board is seventy-five dollars for each calendar day devoted to the
work of the board shall pay each member the same compensation as is
paid to members of the Legislature for their interim duties, as
recommended by the citizens legislative compensation commission and
authorized by law, for each day or portion of a day engaged in the discharge of official duties, but not more than seven hundred fifty
dollars during any one fiscal year. Each member shall be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of board duties, but shall must submit
a request for reimbursement upon a sworn itemized statement.
(d) The board shall administer the grievance procedure at
levels two, three and four, as provided in section five, article
six-a, chapter twenty-nine of this code, and as provided for in
section four of this article and shall employ at least two full-
time hearing examiners on an annual basis and clerical help as is
necessary to implement the legislative intent expressed in section
one of this article.
In addition to the authorization granted by this section over
education employees, the board has jurisdiction over the procedures
to be followed in processing grievances filed under article six-a,
chapter twenty-nine of this code.
(e) The board shall hire hearing examiners who reside in
different regional educational service agency areas unless and
until the number of hearing examiners exceeds the number of the
areas, at which time two hearing examiners may be from the same
area. If a grievant previously before a hearing examiner again
brings a grievance, a different hearing examiner is required to
hear the grievance upon written request therefor by any party to
the grievance. These hearing examiners serve at the will and pleasure of the board.
(f) The board shall submit a yearly budget and shall report
annually to the governor and Legislature regarding receipts and
expenditures, number of level four hearings conducted, synopses of
hearing outcomes and other information as the board determines
appropriate. The board shall further evaluate on an annual basis
the level four grievance process and the performance of all hearing
examiners and include the evaluation in the annual report to the
governor and Legislature. In making the evaluation, the board
shall notify all institutions, employee organizations and all
grievances participating in level four grievances in the year for
which evaluation is being made and shall provide for the submission
of written comment or the hearing of testimony regarding the
grievance process, or both. The board shall provide suitable
office space for all hearing examiners in space other than that
utilized by any institution as defined in section two of this
article and shall ensure that reference materials are generally
available.
(g) The board is authorized to promulgate rules consistent
with the provisions of this article; the rules shall be adopted in
accordance with chapter twenty-nine-a of this code.
(b) (h) Hearing examiners may consolidate grievances, allocate
costs among the parties in accordance with section eight of this
article, subpoena witnesses and documents in accordance with the provisions of section one, article five, chapter twenty-nine-a of
this code, provide relief found fair and equitable in accordance
with the provisions of this article, and exercise other powers as
provides for the effective resolution of grievances not
inconsistent with any rules of the board or the provisions of this
article.
NOTE: The purpose of this bill is to provide for the
compensation of members of the education and state employees
grievance board commensurate with the compensation paid to members
of the Legislature for their interim duties, as recommended by the
citizens legislative compensation commission and authorized by law,
for each day or portion of a day engaged in the discharge of
official duties, but not more than seven hundred fifty dollars
during any one fiscal year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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