Senate Bill No. 467
(By Senators Bowman, McCabe, Stollings, Minard, Unger and
Plymale)
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[Introduced February 4, 2010; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-6-29, relating to
comprehensive revisions of classification plans for classified
and classified-exempt employees and compensation plans for
classified employees; providing for reconsideration of
allocations of positions to classifications; and authorizing
the promulgation of emergency rules.
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 section, designated §29-6-29, to read as
follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-29. Implementation of comprehensive revisions to
classification plans and compensation plans.
(a) Whenever comprehensive revisions to classification plans
are implemented, any employee in a position allocated in the course
of a revision may request a reconsideration of the allocation by
the director, provided that the request is made within thirty days
of the date the Division of Personnel notifies the employee of the
allocation and is in writing in a manner and form prescribed by the
director. The interested appointing authority shall be given the
same opportunity for reconsideration. The director shall notify
the employee and the interested appointing authority in writing of
his or her decision which shall be final.
(b) Because the provisions of this section are rehabilitative
in nature, whenever comprehensive revisions to classification plans
or compensation plans or both are implemented, the results are not
subject to the provisions of article two, chapter six-c of this
code. Further, it is the specific intent of the Legislature that
no private cause of action, either express or implied, is created
by or otherwise arises from the enactment, provisions or
implementation of this section.
(c) Within sixty days following the implementation of any
comprehensive revision to classification plans or compensation
plans or both, the Division of Personnel shall have the authority
to promulgate emergency rules pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code, to
support and effectuate the classification plan or compensation plan
or revision of both.
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(NOTE: The purpose of this bill is to provide for
reconsideration of allocations of positions to classifications in
comprehensive revisions of classification plans for classified and
classified-exempt employees and compensation plans for classified
employees.
This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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