Bill Summary – FastDemocracy

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\WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                 Introduced Senate Bill 814
               By Senator Woodrum [Introduced on February 16, 2024; referred to the Committee on Government Organization]
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  A BILL to repeal §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, §29-6-5, §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; 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 MERIT 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.
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     §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;
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           (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 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
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 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 director 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
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  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 agencies appointed
 by the Governor or heads of departments agencies 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 an
 agency elected or appointed by the Governor or Legislature are classified-exempt, unless
 specifically exempted by statute;
           (7) All policy-making positions, which includes newly hired Deputy Commissioners within
 the Department of Health and Department of Human Services Resources, are classified-exempt,
 unless specifically exempted by statute;
           (8) Patients or inmates employed in state institutions;
           (9) (8) 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;
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           (10) (9) All employees of the office of the Governor, including all employees assigned to the
 executive mansion are exempt;
           (11) (10) Part-time professional personnel engaged in professional services without
 administrative duties are classified-exempt;
           (12) (11) Temporary employees are exempt;
           (13) (12) Members and employees of the board of trustees and board of directors or their
 successor agencies are exempt;
           (14) (13) Uniformed personnel of the State Police are exempt;
           (15) (14) Temporary employees in state forests, parks, and recreational areas are exempt;
 and,
           (16) (15) Any person hired as an attorney beginning July 1, 2022, is classified-exempt.
           (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
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 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.
     §29-6-5.            Division of         Personnel continued;            functions.
            (a) The Division of Personnel is continued within the Department of Administration.
            (b) The Division of Personnel shall perform the following functions:
            (1) Evaluating applicants for appointment or promotion to positions in the classified
  service;
            (2)(1) Establishing and applying a system of classification for positions in the classified and
  classified-exempt service;
            (3)(2) Establishing and applying a system of compensation for positions in the classified
  service;
            (4)(3) Establishing and maintaining records of employment for classified employees;
           (5)(4) Advising appointing authorities and supervisory personnel regarding disciplinary
 matters, the provisions of this article, rules implementing the provisions of this article, and laws
 and rules affecting human resource management;
           (6)(5) Providing training in human resource management and the operation of the state
 personnel system;
           (7)(6) Assuring compliance with this article and rules implementing the provisions of this
 article; and
           (8)(7) Other functions necessary to the establishment of a system of personnel
 administration as provided in this article.
     §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
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  comprised 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 as necessary at the time and place specified
 by the call of the Chair chair. At least one meeting shall be held in each month. 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 a