WEST virginia legislature
2019 regular session
Introduced
House Bill 2844
By Delegates Howell, Pack, C. Martin and D. Jeffries
[Introduced February 4, 2019; Referred
to the Committee on Government Organization.]
A BILL to repeal §29-6-7a, §29-6-9, §29-6-10a, §29-6-14 and §29-6-25 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-6-1, §29-6-2, §29-6-3, §29-6-4, §29-6-6, §29-6-7, §29-6-8, §29-6-10, §29-6-12, §29-6-16, §29-6-17, §29-6-19, §29-6-20, §29-6-21, §29-6-22, §29-6-23, §29-6-24, and §29-6-27 of said code, all relating to the state employee merit system; defining terms; allowing additions to classified service; providing exemptions to classified service; providing make-up and duties of the State Personnel Board; defining a quorum; providing authority of Director of Personnel; providing rulemaking for the Division of Personnel; exempting cause of action changes to classification and pay grade; authorizing the director to adjust pay grades; providing process for appointment, promotion or reinstatement from lists of candidates; allowing for pilot projects; providing process for dismissal; confidentiality of records; allowing local political subdivisions to participate in the classified service system; providing penalties; providing time frames for job postings and appointments; and allowing for a leave donation program.
Be it enacted by the Legislature of West Virginia:
article 6. civil service division of
personnel system.
§29-6-1. General Purpose.
The general purpose of this article is to attract to the
service of this state personnel of the highest ability and integrity by the
establishment of a system of personnel administration based on merit principles
and scientific methods governing the appointment, promotion, transfer, layoff,
removal, discipline, classification, compensation and welfare of its civil
merit system employees, and other incidents of state employment. All
appointments and promotions to positions in the classified service shall be made
solely on the basis of merit and fitness, except as hereinafter specified. All
employment positions not in the classified service, with the exception of the board
of regents Higher Education Policy Commission, Council for Community and
Technical Education, and higher education governing boards are included in
a classification plan known as classified-exempt service.
§29-6-2. Definition of terms.
As used in this article, unless the context indicates otherwise, the term:
(a) “Administrator” means any person who fills a
statutorily created position within or related to an agency or board (other
than a board member) and who is designated by statute as commissioner,
deputy commissioner, assistant commissioner, director, chancellor, chief, executive
director, executive secretary, superintendent, deputy superintendent or other
administrative title, however designated the head of the agency or
board;
(b) “Agency” means any administrative unit of state
government, including any authority, board, bureau, commission, committee,
council, division, section or office authority, board, bureau,
commission, division, or other entity of state government, however designated,
transferred to or incorporated in one of the departments created in §5F-1-2 of
this code, as well as any affiliated county or municipal agency: Provided,
That individual districts, offices, regions, sections and units within the same
agency, however designated, shall not be considered a separate agency;
(c) “Appointing authority” means a person or group of
persons authorized by an agency to make appointments to positions the
executive or head of a department or agency who is authorized by statute to
appoint employees in the classified or classified-exempt service;
(d) “Board” means the State Personnel Board created by §29-6-6 of this code;
(e) “Class” or “class of positions” means a group of
one or more positions sufficiently similar in duties, training,
experience and responsibilities, as determined by specifications, that the same
qualifications, the same title and the same schedule of compensation and
benefits may be equitably applied to each position in the group class;
(f) “Class specification” means the official description of a class of positions for the purpose of describing the nature of work, providing examples of work performed, and identifying the knowledge, skills, and abilities, required while stating the generally accepted minimum qualifications required for employment;
(f) (g) “Classification plan” means the
plan by which positions in the classified service and classified-exempt service
have been allocated by class;
(g) (h) “Classified-exempt service” means,
as established by statute, an employee whose position satisfies those
positions which satisfy the definitions for “class” and “classify” but who
is which are not covered under the civil service Division
of Personnel merit system or employed by the higher education governing
boards Higher Education Policy Commission, Council for Community and
Technical College Education, or higher education governing boards, as defined
in §18B-1-2 of this code;
(h) (i) “Classified service” means an employee
whose job satisfies those positions which satisfy the definitions
for “class” and “classify” and who is which are covered under the
civil service Division of Personnel merit system;
(i) (j) “Classify” means to group all
positions in classes and to allocate every position to the appropriate class in
the classification plan the process of ascertaining, analyzing, and
evaluating the duties and responsibilities of positions to determine the number
and kind of classes existing in the service and to group the positions in
classes;
(k) “Department” means the departments of the executive branch of state government provided in §5F-1-2 of this code;
(j) (l) “Director” means the head of the
Division of Personnel as appointed by §29-6-7 of this code;
(k) (m) “Division” means the Division of
Personnel herein created;
(n) “Exempt service” means all positions specifically exempted from the classified service by statute;
(l) (o) “Policy-making position” means a
position in which the person occupying it: (1) Acts as an advisor to or
formulates plans for the implementation of broad goals for an administrator or
the Governor; (2) is in charge of a major administrative component of the
agency; and (3) reports directly and is directly accountable to an the
administrator or the Governor;
(m) (p) “Position” means a particular
job which has been classified based on specifications an authorized and
identified group of duties and responsibilities assigned by the proper
authority requiring the full-time or part-time employment of at least one
person;
(n) (q) “Secretary” means the Secretary of
the Department of Administration created in §5F-1-2 of this code;
(o) “Specification” means a description of a class of
position which defines the class, provides examples of work performed and the
minimum qualifications required for employment
(p) (r) “Veteran” means any person who has
served in the armed forces of the United States of America during World War I
(April 6, 1917--November 11, 1918), World War II (December 7, 1941--December
31, 1946), the Korean Conflict (June 27, 1950--January 31, 1955), the Vietnam
Conflict (August 5, 1964--May 7, 1975) or in a campaign, expedition or conflict
for which a campaign badge has been authorized and received by such person and
who has received a discharge under honorable conditions from such service meets
the requirements of §6-13-1 of this code.
§29-6-3. Classified service; additions to classified service.
(a) The classified service includes all positions
covered by the civil service Division of Personnel merit system
as of the effective date of this article, except as otherwise provided in this
article. Positions may be added to the classified service as provided in §29-6-4
of this code.
(b) Except during the last six months of his or her term, the Governor may, by executive order, with the written consent of the 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 §29-6-4 of this code.
§29-6-4. Classified-exempt and 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
July 1, 1992, and ending on the first Monday after the second Wednesday of the
following January and except for the same periods commencing in the year 1996,
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 the
additions may not include any positions specifically exempted from coverage as
provided in this section.
(c) (a) The following offices
and positions, in addition to those specifically exempted by statute are
exempt from coverage under the classified in the classified-exempt or
exempt service:
(1) All judges, officers and employees of the judiciary are exempt;
(2) All members, officers and employees of the Legislature are exempt;
(3) All officers elected by popular vote and employees of the officer are exempt;
(4) All secretaries of departments and employees within the office of a secretary are exempt;
(5) Members of boards and commissions and heads of departments appointed by the Governor or heads of departments selected by commissions or boards when expressly exempt by law or board order are exempt;
(6) Excluding the policy-making positions
in an agency, one 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 are classified-exempt, unless
specifically exempted by statute;
(7) All policy-making positions are classified-exempt, unless specifically exempted by statute;
(8) Patients or inmates employed in state institutions are exempt;
(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 a department, affiliated county or
municipal agency or by authority of the Governor are exempt;
(10) All employees of the office of the Governor, including all employees assigned to the executive mansion are exempt;
(11) Part-time professional personnel engaged in professional services without administrative duties and personnel employed for one thousand hours or less during a working year are classified-exempt;
(12) Members and employees of the board of trustees and board of directors or their successor agencies are exempt;
(13) Uniformed personnel of the State Police are exempt; and
(14) Seasonal employees in the state forests, parks, and recreational areas working less than 1,733 hours per calendar year are exempt. Notwithstanding any provision of law to the contrary, seasonal employees are not considered full-time employees.
(d) (b) 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 those offices or positions are confidential in character and 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.
(e) All county road supervisor positions
are covered under the classified service effective July 1, 1999. A person
employed as a county road supervisor on the effective date of this section, is
not required to take or pass a qualifying or competitive examination upon or as
a condition of becoming a classified service employee. All county road
supervisors who become classified service employees pursuant to this subsection
who are severed, removed or terminated in his or her employment must be
severed, removed or terminated as if the person was a classified service
employee
§29-6-6. State Personnel Board continued; members; term; quorum; vacancies; powers and duties.
(a) There is continued within the Division a The
State Personnel Board consisting shall be of the Secretary of the
Department of Administration or his or her designee who serves as an ex officio
nonvoting member and five members appointed by the Governor, with the advice
and consent of the Senate, for terms of four years and until the appointment of
their successors. No more than four members may be of the same political party.
Four A simple majority of voting members of the board constitute
constitutes a quorum.
(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 §6-6-1, et seq. of this code for the removal by the Governor of state elected officers.
(c) Citizen members of the board shall each be compensated for attending official meetings or engaging in official duties not to exceed the amount paid to members of the Legislature for their interim duties, as recommended by the Citizens Legislative Compensation Commission as authorized by law, and may be reimbursed actual and necessary expenses incurred for each day or portion thereof engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) The Secretary of the Department of Administration or
his or her designee serves as Chair chair of the board. The Board
board shall meet at the time and place specified by the call of the Chair
chair. At least one meeting shall be held in each month bi-monthly;
Provided, That emergency meetings shall occur as needed. All
meetings shall be open to the public. Notice of each meeting shall be given in
writing to each member by the Director director at least three
days in advance of the meeting period.
(e) In addition to other powers and duties invested in it by this article or by any other law, the board shall:
(1) Propose Approve filing of proposed rules
for legislative approval, in accordance with §29A-1-1, et seq. of this
code, to implement the provisions of this article; and
(2) Interpret the application of this article to any
public body or entity; and
(3) (2) Authorize and conduct any studies,
inquiries, investigations or hearings in the operation of this article it
considers necessary.
(f) The Director director or the board may
subpoena and require the attendance of witnesses in the production of evidence
or documents relevant to any proceeding under this article.
§29-6-7. Director of personnel; appointment; qualifications; powers and duties.
(a) The Secretary of the Department of Administration
shall appoint the director Director of Personnel. The director
shall be a person knowledgeable of the application of the merit principles in
public employment as evidenced by the obtainment of a degree in business
administration, personnel administration, public administration or the
equivalent or at least five years of administrative experience. The salary for
the director shall be that which is set out in §6-7-2a of this code.
(b) The director shall:
(1) Consistent with the provisions of this article, administer the operations of the division, allocating the functions and activities of the division among sections as the director may establish;
(2) Maintain a personnel management information system
systems necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or transactions
for Audit and approve or deny approval of personnel transactions,
reports, orders and settlement agreements to ensure conformity with the
provisions of this article;
(4) Plan, evaluate, administer and implement personnel programs and policies in state government and to political subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ performance evaluation procedures;
(6) Develop programs to improve efficiency and
effectiveness of the public service, including, but not limited to, employee
training, development, assistance and incentives, which, notwithstanding any
provision of this code to the contrary, may include a one-time monetary incentive
incentives authorized by the State Personnel Board; for recruitment
and retention of employees in critically understaffed classifications. The
director, in consultation with the board, shall determine which classifications
are critically understaffed. The one-time monetary incentive program shall
continue until June 30, 2009. The director shall report annually on or before
December 31, commencing in the year 2007, to the Joint Committee on Government
and Finance. The annual report shall provide all relevant information on the
one-time monetary incentive program and the understaffed classifications in
state agencies
(7) Establish pilot programs and other projects for a
maximum of one year: outside of the Provided, That the
previous of the pilot programs or projects are not contrary to the
provisions of this article, subject to approval by the board, to be included in
the annual report. Such programs may include delegation of functions
provided in this article to appointing authorities, subject to the audit and
oversight of the director and board;
(8) Establish and provide for a public employee interchange program and may provide for a voluntary employee interchange program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the Governor and Secretary of the Department of Administration in general workforce planning and other personnel matters;
(11) Make an annual report to the Governor and Legislature and all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this article and interpret Division of Personnel statutes, rule and policy; and
(14) Conduct schools, seminars or classes for
supervisory Provide training and development programs for employees
of the state regarding handling of complaints and disciplinary matters and the
operation of the state personnel system.
§29-6-7a. Report on a centralized personnel system.
[Repealed.]
§29-6-8. Duties of board generally.
In addition to the duties expressly set forth elsewhere in this article, the board shall:
(1) Represent the public interest in the improvement of personnel administration in the classified service.
(2) Advise the Governor, the secretary, and the director on problems concerning personnel administration.
(3) Foster the interest of institutions of learning and of industrial, civic, professional and employee organizations in the improvement of personnel standards in the classified service.
(4) Make any investigation which it may consider desirable concerning the administration of personnel in the classified service and make recommendations to the director with respect thereto.
(5) Approve the budget as prepared by the director for
administration of this article before submission to the Division of Finance and
administration Review and approve the establishment of all
classified-exempt positions to assure consistent interpretation of the
provisions of this article.
(6) Approve classification and pay plans as established by the division.
§29-6-9. Civil service commission abolished; transfer of duties and responsibilities; rule of construction; transfer of employees, equipment, and records; continuation of programs; protections and rules.
[Repealed.]
§29-6-10. Rules of division.
The board division shall have the authority
to promulgate, amend, interpret or repeal rules, according to chapter
29A of this code, to implement the provisions of this article:
(1) For the preparation, maintenance and revision of a
position classification plan plans for all positions in the
classified service and a position classification plan for all positions in
the and classified-exempt service, based upon similarity of duties
performed and responsibilities assumed, so that the same qualifications may
reasonably be required for and the same schedule of pay may be equitably
applied to all positions in the same class within their respective plans.
Except for persons employed by the governing boards of higher education Higher
Education Policy Commission, Council for Community and Technical College
Education, and higher education governing boards, all persons receiving
compensation as a wage or salary, funded either in part or in whole by the
state, are included in either the position classification plan for classified
service or classified-exempt service. After each such classification plan has
been approved by the board, the director shall allocate the every
position of every employee in the classified service to one of the
classes in the classified plan and the position of every employee in the and
classified-exempt service to one of the positions in the classified-exempt
classifications in their respective plan. Any employee or appointing
authority affected by the allocation of a position to a class shall, after
filing with the director of personnel a written request for
reconsideration thereof in such manner and form as the director may prescribe,
be given a reasonable opportunity to be heard thereon by the director. The
interested appointing authority shall be given like opportunity to be heard
Notwithstanding any other provisions of this code to the contrary,
classification and pay grades are not subject to the provisions of §6C-2-1, et
seq. of this code. Further, it is the specific intent of the Legislature
that no private cause of action, either express or implied, is created by or
otherwise arises from the enactment, provisions, or implementation of this
section.
(2) For preparation, maintenance and revision a pay
plan for all employees in the classified service, after consultation with
appointing authorities and the state fiscal officers, and after a public
hearing held by the board. Such pay plan shall become effective only after it
has been approved by the Governor after submission to him by the board approval
by the Governor. Amendments to the pay plan may be made in the same manner:
Provided, That the minimum and maximum rates established in
the pay plan shall be automatically adjusted by an amount equivalent to 50
percent of each across-the-board raise authorized by the Legislature. Each
employee shall be paid at one of the rates set forth in the pay plan for the
class of position in which he or she is employed. The principle of equal
pay for equal work in the several agencies of the state government shall
be followed in the pay plan as established hereby. The Governor or his or
her designee shall have authority to restrict the provisions of the pay plan as
necessitated by fiscal constraints.
(3) For open competitive examinations to test the
relative fitness competition of applicants for the respective
positions in the classified service. Such examinations need not be held
until after the rules have been adopted, the service classified and a pay plan
established, but shall be held not later than one year after this article takes
effect. Such examinations competition may be by examination or by
review of the training, experience and other qualifications required for a
position and shall be announced publicly at least fifteen 10
calendar days in advance of the date fixed for the filing of applications
therefor, and may be advertised through the press, radio and other media. The
director may, however, in his or her discretion, include in the announcement
a limit on the number of applications that will be considered or may
continue to receive applications and examine candidates long enough to assure a
sufficient number of eligibles eligible candidates to meet the
needs of the service and may add the names of successful eligible
candidates to existing eligible lists in accordance with their respective
ratings.
An additional five points shall be awarded to the score
of any examination successfully completed by a veteran Any veteran shall
have an additional five points added to his or her examination or review score:
Provided, That A a disabled veteran shall be entitled
to an additional 10 points, rather than five points. as aforesaid, upon
successful completion of any examination
(4) For promotions within the classified service which
shall give appropriate consideration to the applicant's qualifications, record
of performance, seniority and his or her score on a written examination, when
such examination is practicable. An advancement in rank or grade or an
increase in salary beyond the maximum fixed for the class A change in
the status of an employee from a position in one class to a vacant position in
another class of higher rank as measured by salary range and increased level of
duties or responsibilities shall constitute a promotion. When any benefit
such as a promotion, wage increase or transfer is to be awarded, or when a
withdrawal of a benefit such as a reduction in pay, a layoff or job termination
is to be made, and a choice is required between two or more employees in the
classified service as to who will receive the benefit or have the benefit
withdrawn, and if some or all of the eligible employees have substantially
equal or similar qualifications and records of performance,
consideration shall be given to the level of seniority of each of the
respective employees as a factor in determining which of the employees will
receive the benefit or have the benefit withdrawn, as the case may be. When
an employee classified in a secretarial or clerical position has, irrespective
of job classification, actual job experience related to the qualifications for
a managerial or supervisory position, the division shall consider the
experience as qualifying experience for the position The division in its
classification plan plans may, for designated classifications,
permit substitution of qualifying experience for specific educational or
training requirements at a rate determined by the division.
(5) For layoffs by classification for reason of lack of
funds or work, or abolition of a position, or material changes in duties or
organization, or any loss of position because of the provisions of this
subdivision due to business necessity and for recall of employees so
laid off, consideration shall be given to an employee's seniority as measured
by permanent employment in the classified service or a state agency and an
employee’s record of performance. In the event that the agency wishes to
lay off a more senior employee, the agency must demonstrate that the senior
employee cannot perform any other the job duties of a position
held by less senior employees within that agency in the job class or any other
equivalent or lower job class for which the senior employee is qualified: Provided,
That if an employee refuses to accept a position in a lower job class, such
employee shall retain all rights of recall as hereinafter provided.
(6) For recall of employees, recall shall be by reverse order of layoff to any job class that the employee has previously held or a lower class in the series within the agency as that job class becomes vacant. An employee will retain his or her place on the recall list for the same period of time as his or her seniority on the date of his or her layoff or for a period of two years, whichever is less. No new employees shall be hired for any vacancy in his or her job class or in a lower job class in the series until all eligible employees on layoff are given the opportunity to refuse that job class. An employee shall be recalled onto jobs within the county wherein his or her last place of employment is located or within a county contiguous thereto. Any laid-off employee who is eligible for a vacant position shall be notified by certified mail of the vacancy. It shall be the responsibility of the employee to notify the agency of any change in his or her address.
Notwithstanding any other provision of the code to the
contrary, except for the provisions of section seven, article two, chapter
five-b of this code when filling vacancies at state agencies the
directors of state agencies the appointing authority shall, for a
period of 12 months after the layoff of a permanent classified employee in
another agency, give preference to qualified permanent classified employees
based on seniority and fitness over all but existing employees of the agency or
its facilities: Provided, That employment of these persons who are
qualified and who were permanently employed immediately prior to their layoff
shall not supersede the recall rights of employees who have been laid off in
such agency or facility.
(7) For the establishment of eligible lists of
eligible candidates for appointment and promotion within the classified
service ranked in order based upon their examination score or review. upon
which lists shall be placed the names of successful candidates in the order of
their relative excellence in the respective examinations Eligibility for
appointment from any such list shall continue not longer than three years. An
appointing authority shall make his a selection from the top ten
20 names on the appropriate lists of eligibles eligible
candidates, or may choose any person scoring at or above the ninetieth
80th percentile on the examination.
For the establishment of eligible lists of eligible
candidates for preference as provided in subdivision (6) of this section, a
list shall be provided according to seniority. An appointed appointing
authority shall make the selection of the most senior qualified person: Provided,
That eligibility for appointment from any such list shall continue not longer
than one year and shall cease immediately upon appointment to a classified
position.
(8) For the rejection of candidates or eligibles
within the classified service who fail to comply with reasonable requirements in
regard to regarding such factors as age, physical condition,
character, criminal background, training and or
experience; who are addicted to alcohol or narcotics or who have
attempted any deception or fraud in connection with an examination; or who
have been convicted of corruption while in office.
(9) For a period of probation probationary
period not to exceed one year before appointment or promotion may be
made complete within the classified service.
(10) For provisional employment without competitive
examination within the classified service when there is no appropriate eligible
list of eligible candidates available. No such provisional employment
may continue longer than six months, nor shall successive provisional
appointments be allowed. except during the first year after the effective
date of this article, in order to avoid stoppage of orderly conduct of the
business of the state
(11) For keeping the maintenance of records
of performance of all employees in the classified service, which service
records may be considered in determining salary increases and decreases
provided in the pay plan; as a factor in promotion tests promotions;
as a factor in determining the order of layoffs because of lack of funds or
work and in reinstatement; and as a factor in demotions, discharges dismissals
and transfers.
(12) For discharge dismissal or reduction in
rank or grade only for cause of employees in the classified service. Discharge
Dismissal or reduction of these employees shall take place only after
the person to be discharged dismissed or reduced has been
presented with the reasons for such discharge dismissal or
reduction stated in writing, and has been allowed a reasonable time to reply thereto
in writing, or upon request to appear personally and reply to the appointing
authority or his or her deputy designee: Provided, That
upon an involuntary discharge dismissal for cause, the employer
may require immediate separation from the workplace, or the employee may elect
immediate separation. If separation is required by the employer in lieu of any
advance notice of discharge dismissal, or if immediate separation
is elected by an employee who receives notice of an involuntary discharge
dismissal for cause, the employee is entitled to receive severance pay
attributable to time the employee otherwise would have worked, up to a maximum
of fifteen calendar days following separation. Receipt of severance pay does
not affect any other right to which the employee is entitled with respect to
the discharge dismissal. The statement of reasons for the
dismissal and the reply shall be filed as a public record with the
director. Notwithstanding the foregoing provisions of this subdivision, no
permanent employee shall be discharged dismissed from the
classified service for absenteeism upon using solely due to
exhausting all entitlement to annual leave and sick leave when such use has
been due to illness or injury as verified by a physician's certification or for
other extenuating circumstances beyond the employee's control unless except
when his or her disability is of such a nature as to permanently
incapacitate him or her from the performance of the duties of his or her
position or renders his or her services unreliable. Upon exhaustion of
annual leave and sick leave credits for the reasons specified herein and
with certification by a physician that the employee is temporarily
unable to perform his or her duties, a permanent employee shall be granted a medical
leave of absence without pay for a period not to exceed six months, provided
that if such employee is not permanently unable to satisfactorily
perform the duties of his or her position. Probationary and permanent state
employees shall be eligible for a medical leave of absence without pay for the
period of time during which he or she is receiving temporary total disability
benefits for a personal injury that occurred in the course of and resulting
from state employment.
(13) For such other rules and administrative regulations, not inconsistent with this article, as may be proper and necessary for its enforcement.
(14) The board shall review and approve by rules the establishment of all classified-exempt positions to assure consistent interpretation of the provisions of this article.
The provisions of this section are subject to any
modifications contained in chapter five-f of this code. The board division
may include in the rules provided for in this article such provisions as are
necessary to conform to regulations and standards of any federal agency
governing the receipt and use of federal grants-in-aid by any state agency,
anything in this article to the contrary notwithstanding. The board and the
director shall see that rules and practices meeting such standards are in
effect continuously after the effective date of this article.
§29-6-10a. Reduction in work force.
[Repealed.]
§29-6-12. Duties of state officers and
employees; legal proceedings to secure compliance with article and rules.
All officers and employees of the state and affiliated agencies shall comply with and aid in all proper ways in carrying out the provisions of this article and the rules and orders thereunder. All officers and employees shall furnish any records or information which the director may request for any purpose of this article. The director may institute and maintain any action or proceeding at law or in equity that he or she considers necessary or appropriate to secure compliance with this article and the rules and orders thereunder.
§29-6-14. Certification of payrolls; wrongfully withholding certification of payroll.
[Repealed.]
§29-6-16. Records of division.
The records of the division, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection, subject to reasonable regulations as to the time and manner of inspection which may be prescribed by the director. Employee and applicant information which the director may deem confidential shall be maintained under strictest confidentiality and released only upon proper written authorization of the applicant or employee, or by order of a court of competent jurisdiction.
§29-6-17. Services to political subdivisions; cooperation with agencies for other jurisdictions.
(a) Subject to the approval of the board the director may
enter into agreements with any municipality or other political subdivision of
the state to furnish services and facilities of the division to such
municipality or political subdivision in the administration of its personnel on
merit principles. Any such agreements shall provide for the reimbursement to
the state of the reasonable cost of the services and facilities furnished, as
determined by the director. All municipalities and political subdivisions of
the state are hereby authorized to enter into such agreements. Subject to the
approval of the board, the director may enter into an agreement with the state
department of health Secretary of the Department of Health and Human
Resources for the inclusion of personnel of local health departments under
into the classified service Division of Personnel merit
system established by this article.
(b) The director may cooperate with governmental agencies
for other jurisdictions charged with personnel administration in conducting
joint tests and establishing joint lists from which eligibles eligible
candidates shall be certified for appointment in accordance with the
provisions of this article.
§29-6-19. Refusal to testify.
If any employee in the classified or classified-exempt
service shall willfully refuse refuses or fail fails
to appear before any court or judge, any legislative committee, or any officer,
board or body authorized to conduct any hearing or inquiry, or having appeared shall
refuse refuses to testify or answer any question relating to state
or local government, the its affairs or government of
the state or the conduct of any state officer or employee on the ground
that his or her testimony or answers would tend to incriminate him or
her, or shall refuse refuses to accept a grant of immunity
from prosecution on account of any matter about which he or she may
be asked to testify at any such hearing or inquiry, he or she shall
forfeit his or her office or position and shall not be eligible
thereafter for appointment to any position in the classified or
classified-exempt service.
§29-6-20. Favoritism or discrimination because of political or religious opinions, affiliations or race; political activities prohibited.
(a) No person shall be appointed or promoted to or demoted or dismissed from any position in the classified service or in any way favored or discriminated against with respect to such employment because of his or her political or religious opinions or affiliations or race; but nothing herein shall be construed as precluding the dismissal of any employee who may be engaged in subversive activities or found disloyal to the nation.
(b) No person shall seek or attempt to use any political endorsement in connection with any appointment in the classified service.
(c) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person or for any consideration.
(d) No employee in the classified service or member of the board or the director shall, directly or indirectly, solicit or receive any assessment, subscription or contribution, or perform any service for any political party, committee or candidate for compensation, other than for expenses actually incurred, or in any manner take part in soliciting any such assessment, subscription, contribution or service of any employee in the classified service.
(e) Notwithstanding any other provision of this code, no employee in the classified service shall:
(1) Use his or her official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office;
(2) Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes; or
(3) Be a candidate for any national or state paid public office or court of record, even if declining compensation; or hold any paid public office other than as a paid poll clerk or worker, even if declining compensation; or be a member of any national, state or local committee of a political party, or a financial agent or treasurer within the meaning of the provisions of §3-8-3, §3-8-4, or §3-8-5e of this code. Other types of partisan or nonpartisan political campaigning and management not inconsistent with the provisions of this subdivision and with the provisions of subsection (d) of this section shall be permitted.
(f) Political participation pertaining to Constitutional amendments, referendums, approval of municipal ordinances or activities, serving as a poll clerk or worker or being a candidate for or serving as a delegate to any state or national political party convention shall not be deemed to be prohibited by the foregoing provisions of this section.
(g) Any classified employee who becomes a candidate for any paid public office as permitted by this section shall be placed on a leave of absence without pay for the period of such candidacy, commencing upon the filing of the certificate of candidacy.
§29-6-21. Acts prohibited.
(a) No person shall make any false statement, certificate,
mark, rating or report with regard to regarding any test,
certification or appointment made under any provisions of this article or in
any manner commit or attempt to commit any fraud preventing the impartial
execution of this article and or the division’s rules.
(b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, or other valuable consideration for or on account of any certification, appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service.
(c) No employee of the division, examiner, or other person shall defeat, deceive or obstruct any person in his or her right to examination, eligibility, certification or appointment under this article, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service.
§29-6-22. Penalties.
(a) Any person who willfully violates any provision of this article or of the rules shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or imprisoned in the county jail for a period not to exceed one year, or both fined and imprisoned. Jurisdiction under this section shall be in a court of record exercising criminal jurisdiction within the county wherein the offense is committed.
(b) Any person who is convicted of a misdemeanor under this article shall, for a period of five years, be ineligible for appointment to or employment in a position in the classified or classified-exempt service, and if he or she is an officer or employee of the state, shall forfeit his or her present office or position.
§29-6-23. Special fund; appropriations; cost of administering article; acceptance of grants or contribution; disbursements.
For the operation of the division, there is hereby created
in the state Treasury a special revolving fund to be known and designated as
the “Division of Personnel Fund.” This fund shall consist of appropriations
made by the Legislature, funds transferred in accordance with the provisions
of section nine of this article funds received for personnel services
rendered to other agencies, departments, divisions and units of state and local
government, and funds received by grant or contribution from the federal
government or any other entity which funds the division is hereby authorized to
receive. Provided, That for fiscal year one thousand nine
hundred ninety all funds remaining in account numbers 5840-00, 5840-35 and
5840-17 shall be transferred to the Division of Personnel fund on the effective
date of this article Each agency, department, division or unit of
state or local government served by the Division of Personnel division
is hereby authorized and directed to transmit to the division for deposit in
said special fund the charges made by the Division of Personnel division
for personnel services rendered, such charges to be those fixed in a schedule
or schedules prepared by the director and approved by the secretary Secretary
of the Department of Administration. Disbursements from the fund shall be made
in accordance with an approved expenditure schedule as provided by §5A-2-1, et
seq. of this code and shall be made under the direct supervision of the
director.
The director shall maintain accurate records reflecting the cost of administering the provisions of this article.
§29-6-24. Posting of job openings.
(a) Whenever a job opening occurs within the classified
service, the appointing authority shall, in addition to any other requirement
of law or regulation for the posting of job opening notices, at least ten
seven calendar days before making an appointment to fill the job
opening, post a notice within the building or facility where the duties of the
job will be performed and throughout the agency, which notice states that a job
opening has occurred and describes the duties to be performed by a person
employed in that position.
(b) If an individual selected for a posted vacancy within
the first ten work 30 calendar days of employment: (1) Refuses
the offer of employment; (2) fails to report to work; or (3) resigns or
otherwise separates from employment, the appointing authority is not required
to repost the vacancy prior to another appointment to the position if the
appointment is made within thirty 60 calendar days of the
effective date of the previous appointment and the selection is made from
the pool of eligible applicants from which the first employee was hired.
§29-6-25. Implementation; report to Governor and Legislature.
[Repealed.]
§29-6-27. Leave donation program.
The Division of Personnel after consultation with other
state agencies shall establish division through legislative rule shall
provide for a program under which annual leave accrued or accumulated by an
employee of an agency may, if voluntarily agreed to by the employee, be transferred
to the annual leave account of donated to another designated
employee if the other employee requires additional has exhausted his
or her leave because of a medical emergency: The annual leave program
shall be established by legislative rule pursuant to the provisions of chapter
twenty-nine-a of this code. The Division of Personnel shall file such
legislative rule no later than July 15, 1995. The division shall prepare an
annual status report to be presented to the Joint Committee on Government and
Finance no later than January 5, each year. A “medical emergency” means a
medical condition of an employee or a family member of the employee that is
likely to require the prolonged absence of the employee from duty and which
will result in a substantial loss of income to the employee because of the
unavailability of paid leave. As used in this section, “employee” includes
employees in the classified and classified-exempt service and employees exempt
from coverage who are under this article entitled to annual leave as a benefit
of employment Provided, That none of the leave so transferred may be
used to qualify for or add to service for any retirement system administered by
the State of West Virginia.
NOTE: The purpose of this bill is to is to streamline and simply the processes within the classified service system. The bill changes the quorum required for State Personnel Board meetings and defines the roles of the board and the Director of the Division of Personnel. The bill allows the director to establish pilot programs within state agencies to address specific recruitment and retention issues within a particular agency. The bill authorizes the director to approve classification and pay plans established by the division. The bill removes classification and pay grade decisions as a grounds for grievance. The bill changes the number of days a job posting must be posted and clarifies the leave donation program.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.