H. B. 3080
(By Delegates Perry, Pino and Stemple)
[Introduced February 15, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §49-5E-5a of the Code of West Virginia,
1931, as amended, relating to clarifying that certain
employees of the Division of Juvenile Services are not covered
by the civil service system.
Be it enacted by the Legislature of West Virginia:
That §49-5E-5a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-5a. Juvenile detention and corrections facilities;
employees; priority of hiring.
(a) Notwithstanding any provision of this code to the
contrary, the division, when employing any persons to complete the
approved staffing plan of any of its juvenile detention or
corrections facilities, shall employ any person otherwise qualified
who applies for a position at the juvenile detention or corrections
facility who was also employed in good standing at a county or
local jail facility, at the time of its closing, that was closed due to the completion of a regional jail.
(b) All persons employed at a juvenile detention or
corrections facility shall be employed at a salary and with
benefits consistent with the approved plan of compensation of the
Division of Personnel, created under section five, article six,
chapter twenty-nine of this code; all such employees shall also be
covered by the policies and procedures of the Education and State
Employees Grievance Board, created under section five, article
six-a, chapter twenty-nine of this code and the classified service
protection policies of the Division of Personnel.
Nothing in this
subsection gives civil service protections to employees of the
division that are otherwise exempt under the provisions of article
six, chapter twenty-nine of this code.
NOTE: The purpose of this bill is to clarify that employees
of the Division of Juvenile Services that are exempt from civil
service coverage under the civil service law are not entitled to
civil service coverage due to language in this section.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill is recommended for introduction and passage during
the 2007 Regular Session of the Legislature by the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority.