H. B. 4368
(By Delegates Mahan, Klempa, Fleischauer)
[Introduced
February 5, 2010
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §5-30-1, §5-30-2,
§5-30-3, §5-30-4, §5-30-5 and §5-30-6, all relating to the
creation of an Equal Pay Coordinator within the Governor's
Office to ensure pay equity among state employees; making
legislative findings; providing qualifications for the
position; providing powers and duties of coordinator;
providing for the development of a strategic plan to ensure
pay equity in state government; authorizing other agencies to
share necessary information with the coordinator; and
providing rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §5-30-1, §5-30-2,
§5-30-3, §5-30-4, §5-30-5 and §5-30-6, all to read as follows:
ARTICLE 30. WEST VIRGINIA EQUAL PAY COORDINATOR.
§5-30-1. Legislative findings and purpose.
The Legislature finds that despite efforts to alleviate the
equal pay disparities of state workers through annual adjustments
in compensation to positions reported by the West Virginia Division
of Personnel, there is a further need for an Equal Pay Coordinator
within the Office of the Governor to precisely evaluate, research,
monitor and report on this issue and facilitate an effective and
efficient strategic plan in resolving pay inequity among state
employees.
§5-30-2. Equal Pay Coordinator established.
There is established an Equal Pay Coordinator within the
Office of the Governor.
§5-30-3. Appointment; qualifications of coordinator.
(a) The Equal Pay Coordinator shall be appointed by the
Governor with the advice and consent of the Senate. The
coordinator shall be qualified by training and experience to carry
out the duties provided in this article.
(b) The coordinator:
(1) Shall serve on a full-time basis;
(2) May not hold political office in the government of the
state either by election or appointment while serving as
coordinator;
(3) Is required to be a citizen of the United States and to
become a resident of the state within ninety days of appointment;
(4) Is entitled to receive an annual salary, as provided by the Governor; and
(5) Is exempt from coverage under classified service as
provided in section four, article six, chapter twenty-nine of this
code.
§5-30-4. Powers and duties.
The coordinator is charged with:
(1) Evaluating the current status of pay inequity of state
employees, including collaborating with any existing agencies or
entities undertaking similar studies which will address pay
inequity factors among state employees;
(2) Researching different models designed to achieve pay
equity for public employees, including initiatives and programs
undertaken by other states or public entities;
(3) Monitoring all litigation or legal actions resulting from
pay inequity of state employees before state courts or
administrative tribunals;
(4) Reporting to the Joint Committee on Government and Finance
annually by December 31 of each calendar year, concerning the
status of pay inequity among state employees and any initiatives to
resolve the inequity undertaken by executive agencies, and to
provide other information as the committee may request;
(5) Developing a strategic plan to address pay inequity among
current state employees, as well as future employees, which shall
include:
(A) The current status of pay inequity among state employees;
(B) Recommendations of any necessary legislation or policies
to be adopted to achieve pay equity; and
(C) An ongoing monitoring schedule to ensure policies adopted
by either the agencies affected or the Legislature are sustained;
and
(6) Making any recommendations to the Governor for legislative
or administrative changes necessary to achieve pay equity among
existing or for future state employees.
§5-30-5. Access to information; communication with other agencies.
Each state agencies shall give the coordinator access to
information, statistics, reports or other data, of a
nonconfidential nature, compiled or maintained by it regarding
salaries, classifications, qualifications, skills, military service
or other factors affecting employment of state employees.
The coordinator shall make available to other agencies any
statistics, reports, data or other information of a nonconfidential
nature, regarding pay inequity of state employees, upon request,
which availability would foster or improve pay inequity among state
employees.
§5-30-6. Rule-making authority.
To implement any section of this article, the coordinator
shall propose rules for legislative approval in accordance with
article three, chapter twenty-nine-a of this code. This authority
shall include emergency rule-making authority pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a of this code.
NOTE: The purpose of this bill is to create an Equal Pay
Coordinator within the Office of the Governor to coordinate and
monitor efforts to achieve pay equity among state employees.
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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