ENGROSSED
H. B. 4008
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on Government Organization then Finance.]
A BILL to
amend and reenact §5-10D-1, §5-10D-2 and §5-10D-3 of the
code of West Virginia, 1931, as amended; to amend and reenact
§5-16-3 and §5-16-4 of said code; to amend said code by adding
thereto a new section, designated §5-16-4a; to amend and
reenact §5A-1-2 of said code; to amend said code by adding
thereto a new article, designated §5A-10-1, §5A-10-2 and §5A-
10-3; and to amend and reenact §29-6-5 and §29-6-6 of said
code, all relating to creating a new employee and insurance
services division within the department of administration and
revising the law governing its component agencies and boards;
providing that the division incorporate the consolidated
public retirement board, the public employees insurance
agency, the board of risk and insurance management, the
children's health insurance agency, the education and state
employees grievance board and the personnel division;
creating the office of commissioner of the division; providing for the
powers and duties of the commissioner; authorizing the
commissioner to consolidate or reorganize certain internal
functions and operations, transfer funds within the agencies
and assess agencies with costs; providing that the
commissioner chair certain boards and appoint directors of
component state agencies within the division
; providing for
sunset review of division and office of commissioner; removing
requirement of nonparticipation in state retirement program
for attorney hired to work with the consolidated public
retirement board; authorizing compensation and expenses for
board members; establishing employment requirements for
director of public employees insurance agency; and adding
members to public employees insurance agency finance board.
Be it enacted by the Legislature of West Virginia:
That §
5-10D-1, §
5-10D-2 and §
5-10D-3 of the code of West
Virginia, 1931, as amended, be amended and reenacted; that §
5-16-3
and §
5-16-4 of said code be amended and reenacted; that said code
be further amended by adding thereto a new section, designated §5-
16-4a; that §
5A-1-2 of said code be amended and reenacted; that
said code be further amended by adding thereto a new article,
designated §
5A-10-1, §5A-10-2 and §
5A
-10-3; and that §
29-6-5 and
§
29-6-6
of said code be amended and reenacted, all to read as
follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 1. THE GOVERNOR.
§5-10D-1. Consolidated public retirement board continued; members;
vacancies; investment of plan funds.
(a) There is hereby continued a consolidated public retirement
board to administer all public retirement plans in this state. It
shall administer the public employees retirement system established
in article ten of this chapter; the teachers retirement system
established in article seven-a, chapter eighteen of this code; the
teachers' defined contribution retirement system created by article
seven-b of said chapter; the West Virginia state police death,
disability and retirement fund created by article two, chapter
fifteen of this code; the West Virginia state police retirement
system created by article two-a of said chapter; the death,
disability and retirement fund for deputy sheriffs created by
article fourteen-d, chapter seven of this code; and the judges'
retirement system created under article nine, chapter fifty-one of
this code.
(b) The consolidated public retirement board shall begin
administration of the death, disability and retirement fund for
deputy sheriffs established in article fourteen-d, chapter seven of this code on the first day of July, one thousand nine hundred
ninety-eight.
(c) (b) The membership of the consolidated public retirement
board consists of:
(1) The governor or his or her designee;
(2) The state treasurer or his or her designee;
(3) The state auditor or his or her designee;
(4) The secretary of the department of administration or his
or her designee
(4) The commissioner of the employee and insurance services
division of the department of administration;
(5) Four residents of the state, who are not members,
retirants or beneficiaries of any of the public retirement systems,
to be appointed by the governor, with the advice and consent of the
Senate; and
(6) A member, annuitant or retirant of the public employees
retirement system who is or was a state employee; a member,
annuitant or retirant of the public employees retirement system who
is not or was not a state employee; a member, annuitant or retirant
of the teachers retirement system; a member, annuitant or retirant
of the West Virginia state police death, disability and retirement
fund; a member, annuitant or retirant of the deputy sheriff's
death, disability and retirement fund; and a member, annuitant or
retirant of the teachers' defined contribution retirement system, all to be appointed by the governor, with the advice and consent of
the Senate.
(d) (c) The appointed members of the board shall serve
five-year terms. The governor shall appoint the member
representing the deputy sheriff's death, disability and retirement
fund by the first day of July, one thousand nine hundred
ninety-eight, to a five-year term. A member appointed pursuant to
subdivision (6), subsection (c) (b) of this section ceases to be a
member of the board if he or she ceases to be a member of the
represented system. If a vacancy occurs in the appointed
membership, the governor, within sixty days, shall fill the vacancy
by appointment for the unexpired term. No more than five
appointees shall be of the same political party.
(e) (d) The consolidated public retirement board has all the
powers, duties, responsibilities and liabilities of the public
employees retirement system established pursuant to article ten of
this chapter; the teachers retirement system established pursuant
to article seven-a, chapter eighteen of this code; the teachers'
defined contribution system established pursuant to article seven-b
of said chapter; the West Virginia state police death, disability
and retirement fund created pursuant to article two, chapter
fifteen of this code; the death, disability and retirement fund for
deputy sheriffs created pursuant to article fourteen-d, chapter
seven of this code; and the judges' retirement system created pursuant to article nine, chapter fifty-one of this code and their
appropriate governing boards. The consolidated public retirement
board may propose for promulgation all rules necessary to
effectuate its powers, duties and responsibilities pursuant to
article three, chapter twenty-nine-a of this code: Provided, That
the board may adopt any or all of the rules, previously
promulgated, of a retirement system which it administers.
(f) Effective on the first day of July, one thousand nine
hundred ninety-six, the consolidated public retirement board shall,
within two business days of receipt, transfer (e) The consolidated
public retirement board shall continue to transfer all funds
received by the consolidated public retirement board for the
benefit of the retirement systems within the consolidated pension
plan as defined in section three-c, article six-b, chapter
forty-four of this code, including, but not limited to, all
employer and employee contributions, to the West Virginia
investment management board: Provided, That the employer and
employee contributions of the teachers' defined contribution
system, established in section three, article seven-b, chapter
eighteen of this code, and voluntary deferred compensation funds
invested by the West Virginia consolidated public retirement board
pursuant to section five, article ten-b of this chapter may not be
transferred to the West Virginia investment management board.
(g) (f) Notwithstanding any provision of this code or any legislative rule to the contrary, all assets of the public
retirement plans set forth in subsection (a) of this section shall
be held in trust. The consolidated public retirement board shall
be a trustee for all public retirement plans, except with regard to
the investment of funds: Provided, That the consolidated public
retirement board shall be a trustee with regard to the investments
of the teachers' defined contribution system, the voluntary
deferred compensation funds invested pursuant to section five,
article ten-b of this chapter and any other assets of the public
retirement plans administered by the consolidated public retirement
board as set forth in subsection (a) of this section for which no
trustee has been expressly designated in this code.
(h) (g) The board may employ the West Virginia investment
management board to provide investment management consulting
services for the investment of funds in the teachers' defined
contribution system.
§5-10D-2. Chairman and vice chairman; executive director;
employees; legal advisor; actuary.
(a)
The board shall elect from its own number a chairman and
vice chairman.
(b) The board shall appoint an executive director of the
retirement systems. The executive director shall be the chief
administrative officer of all the systems and he or she shall not
be a member of the board. He or she shall perform such duties as are required of him or her in this article and as the board from
time to time delegates to him or her. The compensation of the
executive director shall be fixed by the board subject to the
approval of the governor. The executive director shall, with the
approval of the board of trustees, employ such administrative,
technical and clerical employees as are required in the proper
operation of the systems.
(c) Notwithstanding the provisions of section two, article
three of this chapter, the board shall employ and be represented by
an attorney licensed to practice law in the state of West Virginia.
who is not a member of any of the retirement systems administered
by the board
(d) An actuary, employed by the state or the board pursuant to
section four of this article, shall be the actuarial consultant to
the board.
(e) Prior to the first day of July, one thousand nine hundred
ninety-one, the expenses of the board for the administration of the
teachers' defined
contribution retirement system created pursuant
to article seven-b, chapter eighteen of this code shall be paid by
the teachers retirement system created pursuant to article seven-a
of said chapter.
§5-10D-3. Board meetings; quorum; vote; proceedings; compensation.
(a) The board shall hold a meeting at least once each three
months, and shall designate the time and place thereof. Seven voting trustees constitute a quorum at any meeting of the board.
Each member is entitled to one vote on each question before the
board. The board shall adopt its own rules of procedure and shall
keep a record of its proceedings. All meetings of the board shall
be public.
(b) The members shall serve as members without compensation
for their services as such: Provided, That each member shall be
reimbursed, upon approval of the board, for any necessary expenses
actually incurred by him or her in carrying out his or her duties.
The board shall pay each member the same compensation and expense
reimbursement 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. No
public employee member may suffer any loss of salary or wages on
account of his or her service as trustee.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-3. Composition of public employees insurance agency;
appointment, qualification, compensation and duties
of director of agency; employees; civil service
coverage; director vested after specified date with
powers of public employees insurance board.
(a) The public employees insurance agency consists of the
director, the finance board, the advisory board and any employees who may be authorized by law. The director shall be appointed by
the governor, with the advice and consent of the Senate
commissioner of the employee and insurance services division of the
department of administration.
He or she shall serve at the will
and pleasure of the governor, unless earlier removed from office
for cause as provided by law. The director shall have at least
three years' experience in health insurance administration or
governmental health benefit administration as his or her primary
employment duty prior to appointment as director. The director
shall be employed pursuant to an employment contract which may have
a multi-year term, not to exceed five years per contract.
Notwithstanding any other provision of this code to the contrary,
the director's salary shall be set by the commissioner of the
employee and insurance services division, with the approval of the
secretary of the department of administration. The current
director will continue to be eligible to serve as director through
the thirtieth day of June, two thousand four. The director shall
receive actual expenses incurred in the performance of official
business. The director shall employ such administrative, technical
and clerical employees that are required for the proper
administration of the insurance programs provided for in this
article. The director shall perform the duties that are required
of him or her under the provisions of this article and is the chief
administrative officer of the public employees insurance agency. The director may employ a deputy director.
(b) All positions in the agency, except for the director, his
or her personal secretary, the deputy director and the chief
financial officer shall be included in the classified service of
the civil service system pursuant to article six, chapter
twenty-nine of this code. Any person required to be included in
the classified service by the provisions of this subsection who was
employed in any of the positions included in this subsection on or
after the effective date of this article shall not be required to
take and pass qualifying or competitive examinations upon or as a
condition to being added to the classified service: Provided, That
no person required to be included in the classified service by the
provisions of this subsection who was employed in any of the
positions included in this subsection as of the effective date of
this section shall be thereafter severed, removed or terminated in
his or her employment prior to his or her entry into the classified
service except for cause as if the person had been in the
classified service when severed, removed or terminated.
(c) The director is responsible for the administration and
management of the public employees insurance agency as provided for
in this article and in connection with his or her responsibility
may make all rules necessary to effectuate the provisions of this
article. Nothing in section four or five of this article limits
the director's ability to manage on a day-to-day basis the group insurance plans required or authorized by this article, including,
but not limited to, administrative contracting, studies, analyses
and audits, eligibility determinations, utilization management
provisions and incentives, provider negotiations, provider
contracting and payment, designation of covered and noncovered
services, offering of additional coverage options or cost
containment incentives, pursuit of coordination of benefits and
subrogation, or any other actions which would serve to implement
the plan or plans designed by the finance board. The director is
to function as a benefits management professional and should avoid
political involvement in managing the affairs of the public
employees insurance agency.
§5-16-4. Public employees insurance agency finance board
continued; qualifications, terms and removal of
members; quorum; compensation and expenses;
termination date.
(a) There is hereby continued the public employees insurance
agency finance board, which consists of the director commissioner
of the employee and insurance services division of the department
of administration
and six eight 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. Provided, That of
the two members added to the board by the amendment of this
section, enacted during the regular legislative session, one thousand nine hundred ninety-nine, the at-large member shall be
appointed for an initial term of two years and the member
representing organized labor shall be appointed for a term of four
years Members may be reappointed for successive terms. No more
than four five members (including the director commissioner) may be
of the same political party.
(b) Of the six eight members appointed by the governor, one
member shall represent the interests of education employees, one
shall represent the interests of public employees, one shall
represent the interests of retired employees, one shall represent
the interests of organized labor and three four shall be selected
from the public at large. The governor shall appoint the member
representing the interests of education employees from a list of
three names submitted by the largest organization of education
employees in this state. The governor shall appoint the member
representing the interests of organized labor from a list of three
names submitted by the state's largest organization representing
labor affiliates. The three four members appointed from the public
shall each have experience in the financing, development or
management of employee benefit programs. All new appointments made
after the first day of July, one thousand nine hundred ninety-four,
shall be selected to represent the different geographical areas
within the state and all members shall be residents of West
Virginia. No member may be removed from office by the governor except for official misconduct, incompetence, neglect of duty,
neglect of fiduciary duty or other specific responsibility imposed
by this article, or gross immorality.
(c) The director commissioner of the employee and insurance
services division
shall serve as chairperson chair of the finance
board, which shall meet at times and places specified by the call
of the director chair or upon the written request to the director
chair of at least two members. The director of the public employees
insurance agency shall serve as staff to the board. Notice of each
meeting shall be given in writing to each member by the director at
least three days in advance of the meeting. Four Five members
constitutes constitute a quorum. The board shall pay each member
the same compensation and expense reimbursement 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.
(d) Pursuant to the provisions of article ten, chapter four of
this code, the finance board shall terminate on the first day of
July, two thousand three, unless extended by legislation enacted
before the termination date.
(e) (d) Upon termination of the board and notwithstanding any
provisions in this article to the contrary, the director is
authorized to assess monthly employee premium contributions and to change the types and levels of costs to employees only in accordance
with this subsection. Any assessments or changes in costs imposed
pursuant to this subsection shall be implemented by legislative rule
proposed by the director for promulgation pursuant to the provisions
of article three, chapter twenty-nine-a of this code; any employee
assessments or costs previously authorized by the finance board
shall then remain in effect until amended by rule of the director
promulgated pursuant to this subsection.
§5-16-4a.
Continuation of the
public employees insurance agency
finance board.
The public employees insurance agency finance board shall
continue to exist, pursuant to the provisions of article ten,
chapter four of this code, until the first day of July, two thousand
five, unless sooner terminated, continued or reestablished pursuant
to the provisions of that article.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
ARTICLE 1. DEPARTMENT OF ADMINISTRATION.
§5A-1-2. Department of administration and office of secretary;
secretary; divisions; directors.
(a) The department of administration and the office of
secretary of administration are hereby continued in the executive
branch of state government. The secretary shall be the chief
executive officer of the department and director of the budget and
shall be appointed by the governor, by and with the advice and consent of the Senate, for a term not exceeding the term of the
governor. The office of the commissioner of finance and
administration and the division of finance and administration are
hereby abolished. All duties and responsibilities of the
commissioner of finance and administration are hereby vested in the
secretary of administration. All records, responsibilities,
obligations, assets and property, of whatever kind and character, of
the division of finance and administration are hereby transferred to
the department of administration. The balances of all funds of the
division of finance and administration are hereby transferred to the
department of administration.
(b) The department of administration is hereby authorized to
receive federal funds.
(c) The secretary shall serve at the will and pleasure of the
governor. The annual compensation of the secretary shall be as
specified in section three, article one, chapter five-f of this
code.
(d) There shall be in the department of administration a
finance division, a general services division, an information
services and communications division, an employee and insurance
services and retirement division, a personnel division and a
purchasing division. The insurance and retirement division
shall be
comprised of the public employees retirement system and board of
trustees, the public employees insurance agency and public employees advisory board, the teachers retirement system and teachers'
retirement board, and the board of risk and insurance management.
Each division shall be headed by a director who may also head any
and all sections within that division and who shall be appointed by
the secretary, except that the commissioner of the employee and
insurance services division shall be appointed by the governor with
the advice and consent of the Senate as provided in article ten of
this chapter. In addition to the divisions enumerated above, there
shall also be in the department of administration those agencies,
boards, commissions and councils specified in section one, article
two, chapter five-f of this code.
ARTICLE 10. Employee and insurance services division.
§5A-10-1. Division created; purpose and functions; cooperation.
(a) There is hereby created within the department of
administration an employee and insurance services division. The
following agencies of the department of administration are hereby
incorporated within the employee and insurance services division:
(1) The consolidated public retirement board provided for in
article ten-d, chapter five of this code and the retirement programs
administered thereunder;
(2) The public employees insurance agency and associated boards
provided for in article sixteen, chapter five of this code;
(3) The division of personnel provided for in article six,
chapter twenty-nine of this code;
(4) The board of risk and insurance management provided for in
article twelve, chapter twenty-nine of this code.
(5) The childrens health insurance agency and associated boards
provided for in article sixteen-b, chapter five of this code; and
(6) The education and state employees grievance board provided
for in article six-a, chapter twenty-nine of this code.
(b) The purpose and function of the division of employee and
insurance services is to preserve the integrity of a system of
personnel administration for state agencies based on merit
principles; to provide to the state employees who are stakeholders,
fairness, confidence and security
in the administration of state
insurance and retirement benefit plans; to provide for long-term
fiscal security and enhance the state's ability to assure its fiscal
obligations under its insurance, risk and benefit plans; to promote
loss control in state programs and agencies; and to coordinate and
consolidate technical functions of the component agencies while
preserving inviolate their separate trust responsibilities.
(c) The director of the purchasing division and the chief
technology officer within the office of the governor shall cooperate
and provide assistance in the consolidation, reorganization and
integration of functions of the division and its component agencies
and programs, and shall expedite all reasonable requests in order to
assure efficient and adequate systems support.
(d) Any agency or board incorporated into the division pursuant to subsection (a) of this section which disagrees with an action of
the commissioner may refer the disagreement to the secretary for
review.
§5A-10-2. Creation of office of commissioner of the employee and
insurance services division; qualifications; powers
and duties.
(a) The office of commissioner of the employee and insurance
services division is hereby created. On the effective date of this
section, the director of the former insurance and retirement division
shall serve as acting commissioner of the employee and insurance
services division and shall immediately assume the duties of the
office
. Not later than the thirtieth day of January, two thousand
five, the governor shall appoint the commissioner with the advice and
consent of the Senate, to serve at the will and pleasure of the
governor, at a salary to be established by the governor
. The
commissioner shall have knowledge in the areas of self-insured risk
pools and employee benefit program administration, knowledge of the
special trust requirements of benefit programs with respect to
stakeholders, and an understanding of the special demands upon
government with respect to budgetary constraints, the protection of
public funds, and federal and state standards of accountability.
(b) The commissioner shall have the power, duty and authority
to:
(1) Coordinate overall policy within the division;
(2) Propose comprehensive budgets for consideration by the
secretary of the department of administration and the governor;
(3) Develop and provide to the governor, the speaker of the
House and the president of the Senate, on an annual basis, long-range
financial forecasts for the insurance and benefit programs
administered by the division, which forecasts shall include cash-flow
projections for future budget years, based on known facts and
reasonable, clearly stated actuarial assumptions;
(4) Interact with stakeholders, staff of the component agencies
and outside agencies to develop long-term strategies for delivering
quality services, reducing unfunded liabilities, and assuring the
fiscal viability of programs;
(5) Propose and provide to the governor, the speaker of the
House and the president of the Senate, on an annual basis,
long-term
strategic plans to provide for the fiscal security of the programs
administered by the agencies within the division and minimize the
fiscal burden upon limited state resources;
(6) Employ and discharge, with the approval of the secretary of
the department of administration, employees within the office of the
commissioner, to serve at the will and pleasure of the commissioner;
(7) Eliminate or consolidate positions, with the approval of the
secretary of the department of administration, other than positions
of administrators or positions of board members, and name a person
to fill more than one position;
(8) Delegate, assign, transfer or combine responsibilities or
duties to or among employees, other than administrators or board
members;
(9) Reorganize internal functions or operations;
(10) Transfer within the division, with the approval of the
secretary of the department of administration, funds appropriated to
the various agencies of the division: Provided, That no funds may
be transferred from a claims payment account, retiree benefit
account, trust account or any other account or funds specifically
exempted by the Legislature from transfer: Provided, however, That
authority to transfer funds pursuant to this section shall expire on
the thirtieth day of June, two thousand five;
(11) Enter into contracts or agreements requiring the
expenditure of public funds, and authorize the expenditure or
obligating of public funds as authorized by law;
(12) Acquire by lease or purchase property of whatever kind or
character, and convey or dispose of any property of whatever kind or
character as authorized by law;
(13) Conduct internal audits;
(14) Supervise internal management;
(15) Recommend to the secretary the promulgation of rules to
implement and make effective the powers, authority and duties granted
and imposed by the provisions of this article, which rules, unless
specifically exempted in accordance with the provisions of this code
, shall be proposed in accordance with the provisions of chapter
twenty-nine-a of this code;
(16) Delegate duties to administrators in order to facilitate
execution of the powers, authority and duties of the commissioner;
(17) Consolidate data, accounting and claims administration
systems and propose to the secretary of the department of
administration the termination or renegotiation of contracts;
(18) Take any other action involving or relating to internal
management not otherwise prohibited by law;
(19) With approval of the secretary of the department of
administration, assess all agencies within the employee and insurance
services division a reasonable amount to cover the costs of the
division; and
(20) Promote combined purchasing of components within the
division.
(c) The commissioner shall work cooperatively with the
consolidated public retirement board and the public employees
insurance agency to acquire and implement combined data systems for
the retirement and health plans administered by the consolidated
public retirement board and the public employees insurance agency.
Beginning on the first day of January, two thousand five, and
continuing until such time as the combined data system is fully
implemented, the commissioner shall provide to the joint committee
on government and finance, or such other committee as the Legislature directs, monthly updates on the development and implementation of the
system.
(d) Nothing contained in this section may be construed to limit
the powers of the secretary of the department of administration
pursuant to chapter five-f of this code, or to enlarge the power and
authority granted to any agency or administrator within the division.
Nothing contained in this section may be construed to limit the
rights of any beneficiary of a retirement or benefit program arising
by operation of law or any trust instrument. No power granted to the
commissioner may be exercised if to do so would violate or be
inconsistent with the separate fiduciary responsibilities with
respect to the respective funds under the commissioners' authority,
or with the provisions of any federal law or regulation, any federal-
state program or federally delegated program, or jeopardize the
approval, existence or funding of any such program. The powers
granted to the commissioner to enter into contracts or agreements and
to make expenditures or obligations of public funds under this
provision may not exceed or be interpreted as authority to exceed the
powers heretofore granted by the Legislature to the various
administrators or board members of the various agencies or boards
that comprise and are incorporated into the division. Nothing
contained in this section may be construed to limit the rights of
employees within the classified service of the state as provided in
subsection (d), section two, article two, chapter five-f of this code.
§5A-10-3. Continuation of division.
The
division of employee and insurance services and the office
of commissioner of the division
of employee and insurance services
shall continue to exist, pursuant to the provisions of article ten,
chapter four of this code, until the first day of July, two thousand
five, unless sooner terminated, continued or reestablished pursuant
to the provisions of that article.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE SYSTEM.
29-6-5. Division of personnel continued; sections.
(a) Effective the first day of July, one thousand nine hundred
eighty-nine, there is hereby created a The division of personnel is
continued within the executive branch employee and insurance services
division of the department of administration.
(b) The division of personnel shall consist of perform the
following sections functions:
(1) Applicant services;
(2) Classification and compensation;
(3) Management development and training;
(4) Program evaluation and payroll;
(5) Employee services;
(6) Employee relations; and
(7) Administrative and staff services.
(c) The commissioner of the employee and insurance services
division shall establish such sections of the division as may be
necessary to carry out the functions of the division and the purposes
of this article. Each section shall be under the control of a
section chief to be appointed by the director who shall be qualified
by reason of exceptional training and experience in the field of
activities of the respective section. The director has authority to
establish such additional sections as may be determined necessary to
carry out the purpose of this article.
§29-6-6. State personnel board continued; members; term; quorum;
vacancies; powers and duties.
(a) There is hereby created continued within the division a
state personnel board which shall consist of consists of the
commissioner of the employee and insurance services division or his
or her designee, who shall serve as an ex officio 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. The commissioner of the employee and insurance services
division may not vote on any question before the board except in
cases of a tie. Provided, That of the members first appointed, one
shall be appointed for a term of one year, one for two years, one for
three years, and one for four years. No more than three four members
may be of the same political party. Three Four members of the board
constitute 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
article six, chapter six of this code for the removal by the governor
of state elected officers.
(c) Citizen members of the board shall each be paid one hundred
dollars for each day devoted to the work of the board. Each member
shall be reimbursed for all reasonable and necessary expenses
actually incurred in the performance of his or her duties, except
that in the event the expenses are paid, or are to be paid, by a
third party, the members shall not be reimbursed by the state.
(d) The commissioner of the employee and insurance services
division of the department of administration
or their designee shall
serve as chair of the board.
The board shall elect one of its
members as chairperson and shall meet at such time and place as shall
be specified by the call of the chairman
(e) In addition to other powers and duties invested in it by
this article or by any other law, the board shall:
(1) Promulgate rules in accordance with chapter twenty-nine-a
of this code to implement the provisions of this article;
(2) Interpret the application of this article to any public body
or entity;
(3) Authorize and conduct such studies, inquiries,
investigations or hearings in the operation of this article as it
deems necessary.
(f) The 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.
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