ENGROSSED
Senate Bill No. 18
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Introduced January 14, 1994;
referred to the Committee on Government Organization.]
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A BILL to amend and reenact section ten-a, article six, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the civil service rights of managerial employees affected by reductions in force.

Be it enacted by the Legislature of West Virginia:

That section ten-a, article six, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 6. CIVIL SERVICE COMMISSION.

§29-6-10a. Reduction in work force.

(a) Notwithstanding any other provision of this article or any rule promulgated thereunder to the contrary, an employee in the classified service who has performed work for a reasonable period of time in a position with a classification that is higherthan the position in which he is employed and classified may, in the event that his regular position would be terminated as a result of a reduction in force in his division, have the right to request that his classification be reviewed and that, in his or her supervisor's discretion, he be promoted to the higher classified position by passing a qualifying examination for such higher position and providing sufficient evidence of his work periods and satisfactory performance of the duties and responsibilities of the higher classified position.
The commission shall provide by legislative rule for the maintenance of records by all covered agencies of the work periods and rating of job performance of employees performing work in a position or positions with a classification that is higher than the position in which he is employed and classified and the duration of work periods required to request review and promotion.
(b) Notwithstanding any provision in this code to the contrary, managerial or supervisory employees with a civil service grade of sixteen or higher who are adversely affected by a reduction in force shall not be entitled to be reassigned, transferred or otherwise retained for any position in state government, and no regulation or policy shall provide for such a right: Provided, That any such employee shall have priority to be reassigned, transferred or otherwise retained in any lesser classified position at the lower salary and assigned to that position that he or she has formerly held and been qualified forwithout being required to be requalified through the civil service system.