H. B. 2777
(By Delegates Faircloth, Willison and Evans)
[Introduced March 30, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section twelve, article five, chapter
eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to municipalities;
and compensation of officers and employees.
Be it enacted by the Legislature of West Virginia:
That section twelve, article five, chapter eight of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND
COMPENSATION OF OFFICERS; GENERAL PROVISIONS
RELATING TO OFFICERS AND EMPLOYEES; ELECTIONS AND
PETITIONS GENERALLY; CONFLICT OF INTEREST.
§8-5-12. Compensation of officers and employees.
Notwithstanding any charter provision to the contrary, the
governing body of every municipality shall by ordinance fix or
cause to be fixed the salary or compensation of every municipal
officer and employee: Provided, That the salary of any officershall may not be increased or diminished during his or her term.
An increase or decrease in the compensation of an elected officer
may not be made by increasing or decreasing the duties of the
office pursuant to an ordinance enacted after the beginning of
the officers's term: Provided, That any officer may by written
request to the governing body decline to accept the salary for
the office to which he or she had been elected or request that
the salary be reduced for the duration of his or her service.
The governing body of every municipality shall have plenary
power and authority to provide by ordinance for the allowance of
time off of officers and employees with pay for vacations and
illness and for personnel management incentives, as additional
consideration for their services and employment.
NOTE: The purpose of this bill is to restrict the increase
or decrease of compensation of an elected municipal officer by
means of an ordinance which increases or decreases duties during
the term of office. The bill does permit the officer to decline
to accept a salary or request a reduction in salary.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.