“CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS

§5F-2-8. Special merit based personnel system Department of Transportation employees.

(a) Notwithstanding any provision of this code or rule to the contrary, the various agencies, boards, commissions, and divisions within the Department of Transportation currently governed by the provisions of §29-6-1 et seq. shall on and after October 31, 2021 be governed by the Department of Transportation’s merit based personnel administration. The department’s employees may be afforded due process protections through the provisions of the public employees’ grievance procedure or other means that assures all of the protections required by law.

(b) In order to attract and retain employees in the Department of Transportation the secretary of the department shall establish 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 employees, and other incidents of state employment. All appointments and promotions to positions shall be made solely on the basis of merit and fitness for the position.

(c) The merit system shall be founded on effective performance management principles in order to set clear goals, provide efficient and effective services for our citizens and to develop, appraise and reward employees for being responsible and performing as required.

(d) The Department of Transportation personnel administration system is not exempt from the provisions of this code prohibiting nepotism, favoritism, discrimination, or unethical practices related to the employment process.

(e) The Department of Transportation personnel administration system may not be applied to any civil service position or employee in any manner that would disqualify the department or its agencies, boards, commissions, or divisions for eligibility for any federal funding or assistance.

(f) The Department of Transportation shall develop policies and procedures to fairly and equitably establish the Department’s personnel administration system.

(g) The Division of Personnel shall, upon request of the Secretary of Transportation, take any action necessary to assist the department in completing this transition in an orderly and efficient manner.

(h) The amendment to §5F-2-8 enacted by the West Virginia Legislature becomes effective no later than October 31, 2022.

CHAPTER 17. ROADS AND HIGHWAYS

ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

~~§17-2A-24. Special employment procedures for Division of Highways personnel.~~

~~(a) Legislative findings and intent. —~~

(1) The Legislature previously commissioned a performance audit to assess and improve the effectiveness and efficiency of the core operations of the Division of Highways. The Division of Highways has long had difficulty filling positions which are essential to constructing and maintaining the state’s highways and bridges. The Legislature finds that the hiring and retention processes of the division must be streamlined to effectively and efficiently meet personnel needs while still affording applicants and employees the due process protections of classified service.

~~(2) The Legislature has recently approved increased funding for the division which will exacerbate its staffing shortage of hundreds of positions.~~

(3) The purpose of this section is to allow the Division of Highways to employ qualified applicants to vacant and new personnel positions in the division in a timely manner and to ensure that the Division of Highways has an adequate workforce sufficient to maintain safe roadways for the citizens of West Virginia.

~~(b) Definitions. — As used in this section:~~

~~(1) “Commissioner” means the Commissioner of the Division of Highways or his or her designee; and~~

~~(2) “Division” means the Division of Highways.~~

(c) Special employment procedure; requirements. — The commissioner shall implement the special merit-based application and appointment procedure authorized by the provisions of this section for all the employees of the division to ensure and provide for the selection and retention of competent and qualified personnel. The special application and employment procedure established pursuant to this section shall be effective on and after December 1, 2017, and shall be subject to the following requirements:

~~(1) The Division of Personnel shall provide competitive registers of eligible applicants when requested by the division to do so within five business days of receipt of the request;~~

(2) Any position to be filled internally shall be posted for seven calendar days before the division may select an applicant. For positions to be filled with an applicant from outside of the division, the public service announcement shall be posted for not less than fourteen calendar days;

~~(3) Postings shall be active for up to one year;~~

(4) Notwithstanding any provision of law or of any rule promulgated under the provisions of this code, the division may employ any person listed on the Transportation Worker I register for employment as a Transportation Worker I without regard to the person’s position on said register;

(5) The division shall have full authority to evaluate applicants for employment or promotion within the division to positions within the classified service and classified-exempt service. The division shall have sole authority to determine whether applicants for positions with the division meet minimum position requirements;

(6) The division shall have full authority to make classification determinations for positions within the division by using the classification system approved by the State Personnel Board. The division may independently submit to the State Personnel Board recommendations for the approval of new division classifications or the amendment of current division classifications;

(7) The division shall have full authority to exercise its discretion regarding the application of the Division of Personnel’s system of compensation for positions in the division within the classified and classified-exempt service: Provided, That application of the provisions of this subdivision shall be uniform. The division may independently submit to the State Personnel Board recommendations for the approval of a special pay scale for the division’s personnel;

(8) Notwithstanding any provision of the code or of any rule to the contrary, the Division of Personnel shall not be a mandatory party to any public employee grievance filed against the division. The Division of Personnel shall not be a signatory to, and may not override or otherwise challenge, the division’s decisions regarding settlement terms and conditions in employee grievances or other legal proceedings;

(9) The Division of Personnel shall facilitate or perform any lawful action necessary to initiate or complete the division’s employment transactions, including, but not limited to, posting positions on applicable systems, initiating public service announcements when requested by the division, and processing necessary forms;

~~(10) The division shall comply with all applicable record retention requirements provided by law;~~

(11) The division is authorized to declare any positions effectively vacant due to employee separations, which were not processed prior to the division being placed under the wvOASIS system, vacant and subject to being filled pursuant to the provisions of this section;

(12) The division shall have the flexibility to utilize all vacant position numbers when posting to fill a vacancy and to post vacant positions utilizing multiple classifications with corresponding job descriptions when the commissioner determines it to be necessary and in the best interest of the agency; and

(13) For purposes of this section, a vacancy created when an employee of the division separates or goes on terminal leave may be posted upon receipt of the notice that the employee has separated or commenced such leave.

(d) Exemption from regular application and appointment requirements. — When seeking applications or making appointments pursuant to the special procedure authorized by subsection (c) of this section, the division is not required to comply with Division of Personnel procedures for seeking applications and making appointments to classified service positions as provided by the provisions of article six, chapter twenty-nine of this code or any other provision of this code, including those procedures promulgated by legislative rules, subject however to the following exceptions:

(1) This section does not exempt the division from provisions of this code, prohibiting nepotism, favoritism, discrimination or unethical practices related to employment and promotion, or the public employee grievance system; and

(2) The provisions of this section may not be applied to hiring procedures applicable to any division classified service position or employee in any manner that disqualifies the division for eligibility for any federal highway funds or assistance.

(e) Rules. — The commissioner may promulgate emergency rules and shall propose legislative rules pursuant to the provisions of article three, chapter twenty-nine-a of this code as may be necessary to implement and comply with the provisions of this section.

~~(f) The provisions of this section shall apply notwithstanding any provisions of article six, chapter twenty-nine of this code to the contrary.~~

~~(g) Classified employees of the division shall continue to be covered by the civil service system and may utilize any applicable public employee grievance process.”~~

Adopted

Rejected