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Introduced Version House Bill 4330 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4330


(By Delegates White and Morgan)

(By Request of the Department of Administration)

[Introduced February 4, 2010 ; referred to the

Committee on Government Organization then the Judiciary.]




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.

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, it has been completely underscored.
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