Senate Bill No. 587
(By Senator Bowman)
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[Introduced March 13, 2009; referred to the Committee on
Government Organization.]
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A BILL to repeal §29-6-9a of the Code of West Virginia, 1931, as
amended; and to amend and reenact §29-6-2 of said code,
relating to abolishing the State Personnel Advisory Council.
Be it enacted by the Legislature of West Virginia:
That §29-6-9a of the Code of West Virginia, 1931, as amended,
be repealed; and that §29-6-2 of said code be amended and reenacted
to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§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;
(b) "Agency" means any administrative unit of state
government, including any authority, board, bureau, commission,
committee, council, division, section or office;
(c) "Appointing authority" means a person or group of persons
authorized by an agency to make appointments to positions in the
classified or classified-exempt service;
(d) "Board" means the State Personnel Board created by section
six of this article;
(e) "Class" or "class of positions" means a group of 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;
(f) "Classification plan" means the plan by which positions in
the classified service and classified-exempt service have been
allocated by class;
(g) "Classified-exempt service" means an employee whose
position satisfies the definitions for "class" and "classify" but
who is not covered under the civil service system or employed by
the higher education governing boards;
(h) "Classified service" means an employee whose job satisfies
the definitions for "class" and "classify" and who is covered under
the civil service system;
(i) "Classify" means to group all positions in classes and to
allocate every position to the appropriate class in the
classification plan;
(j) "Director" means the head of the Division of Personnel as
appointed by section seven of this article;
(k) "Council" means the state personnel advisory council
created in section nine-a of this article;
(k) "Division" means the Division of Personnel herein created;
(l) "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 administrator or the Governor;
(m) "Position" means a particular job which has been
classified based on specifications;
(n) "Secretary" means the Secretary of the Department of
Administration created in section two, article one, chapter five-f
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) "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.
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(NOTE: The purpose of this bill is to abolish the Public
Employee Leave Benefit Analysis Board.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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