Adopted by House 3-7-2014
SB379 HFIN AM 3-5 McO
The Committee on Finance moves to amend the bill on page two, following the enacting clause, by striking out the remainder of the bill and inserting in lieu thereof the following:
“That §7-7-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
(1) The increased salaries to be paid to the county commissioners and the other elected county officials described in this subsection section on and after July 1, 2006 2014, are set out in subdivisions (5) and (7) of this subsection. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2006, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in section one of this article.
(2) Before the increased salaries, as set out in subdivisions (5) and (7) of this subsection, are paid to the county commissioners and the elected county officials, the following requirements must be met:
(A) The Auditor has certified that the proposed annual county budget fiscal condition of the county, considering costs, revenues, liabilities, and significant trends of the same; maintenance standards; and the commitment to the provision of county services for the fiscal year beginning the first days of July 1, 2006, has increased sufficiently improved over the previous fiscal year years in so that there exists an amount sufficient for the payment of the increase in the salaries set out in subdivisions (5) and (7) of this subsection and the related employment taxes: Provided, That the Auditor may not approve the budget provide the certification for the payment of the increase in the salaries where any proposed annual county budget containing anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subdivision subsection, the term “receipts” does not include unencumbered fund balance or federal or state grants: Provided, That the Auditor shall not be held liable for relying upon information and data provided by a county commission in assessing the county’s fiscal condition or a proposed annual county budget; and
(B) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this subsection until the person vacates the office or his or her term of office expires, whichever first occurs. Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written request for the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written request as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.
Any request for a salary increase shall use the following language:
I [name of office holder] the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, 2014.
[Signature of office holder]
[Date]
(3) If the Auditor has failed to certify that there is an insufficient projected increase in revenues to pay the increased
an amount sufficient for the payment of the increase in the salaries and the related employment taxes pursuant to section, then the salaries of that county’s elected officials and commissioners shall remain at the level in effect at the time certification was sought.
(4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county.
(5) Prior to July 1, 2014:
COUNTY COMMISSIONERS
Class I $36,960
Class II $36,300
Class III $35,640
Class IV $34,980
Class V $34,320
Class VI $28,380
Class VII $27,720
Class VIII $25,080
Class IX $24,420
Class X $19,800
After June 30, 2014:
COUNTY COMMISSIONERS
Class I $41,395
Class II $40,656
Class III $39,917
Class IV $39,178
Class V $38,438
Class VI $31,786
Class VII $31,046
Class VIII $28,090
Class IX $27,350
Class X $22,176
(6) For the purpose of determining the salaries to be paid to the elected county officials of each county, the salaries for each county office by class, set out in subdivision (7) of this subsection, are established and shall be used by each county commission in determining the salaries of each of their county officials other than salaries of members of the county commission.
(7) Prior to July 1, 2014:
OTHER ELECTED OFFICIALS
County Circuit Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $44,880 $55,440 $55,440 $44,880 $ 96,600
Class II $44,220 $54,780 $54,780 $44,220 $ 94,400
Class III $43,890 $53,460 $53,460 $43,890 $ 92,200
Class IV $43,560 $53,154 $53,154 $43,560 $ 90,000
Class V $43,230 $52,800 $52,800 $43,230 $ 87,800
Class VI $42,900 $49,500 $49,500 $42,900 $ 59,400
Class VII $42,570 $48,840 $48,840 $42,570 $ 56,760
Class VIII $42,240 $48,180 $48,180 $42,240 $ 54,120
Class IX $41,910 $47,520 $47,520 $41,910 $ 50,160
Class X $38,280 $42,240 $42,240 $38,280 $ 46,200
After June 30, 2014:
OTHER ELECTED OFFICIALS
County Circuit Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $50,266 $62,093 $62,093 $50,266 $108,192
Class II $49,526 $61,354 $61,354 $49,526 $105,728
Class III $49,157 $59,875 $59,875 $49,157 $103,264
Class IV $48,787 $59,532 $59,532 $48,787 $100,800
Class V $48,418 $59,136 $59,136 $48,418 $98,336
Class VI $48,048 $55,440 $55,440 $48,048 $66,528
Class VII $47,678 $54,701 $54,701 $47,678 $63,571
Class VIII $47,309 $53,962 $53,962 $47,309 $60,614
Class IX $46,939 $53,222 $53,222 $46,939 $56,179
Class X $42,874 $47,309 $47,309 $42,874 $51,744
(8) Any county clerk, circuit clerk, county assessor, prosecuting attorney or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full-time to his or her public duties to the exclusion of any other employment: Provided, That any public official, whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities, may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.
(9) Notwithstanding provisions of this code to the contrary, after June 30, 2014, any prosecuting attorney that is employed by a county on a part-time basis shall be paid a salary of $57,500.”.