ENROLLED
Senate Bill No. 18
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Passed March 10, 1994; in effect ninety days from passage.]
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AN ACT 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 rights of
supervisors and certain employees in the classified service
of the state in circumstances where there is a reduction 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) The provisions of this subsection shall be of no force
and effect on and after the first day of July, one thousand nine
hundred ninety-five. Notwithstanding any other provision of this
code to the contrary, a managerial or supervisory employee in the
classified service of this state with a classified service pay
grade of sixteen or higher who is adversely affected by a
reduction in force shall not be entitled to be reassigned,
transferred or otherwise retained for any position in state
government except as provided in this section, and no regulation
or policy shall provide for such a right:
Provided,
That thereshall be no redesignation of the levels of pay grades in the
classified service in effect on the first day of May, one
thousand nine hundred ninety-four. Any such employee shall have
the right, upon notice of and prior to the effective date of the
reduction in force, to accept a position in a lower job class at
no less than the entry salary of that position if the employee:
(1) Has formerly performed the duties of that position or the
substantial equivalent thereof and is otherwise qualified within
the classified service for that position; and (2) is a more
senior employee than the least senior employee then employed in
such position. No provision of this section shall be construed
to deny the right of the appointing authority, in his or her
discretion, to reassign, transfer or otherwise retain such
employee to or for another position for which the employee is
qualified within the classified service. Where the employee is
not reassigned, transferred or otherwise retained pursuant to the
provisions of this section, no provision of this section shall be
construed to deny the employee the opportunity to reapply for
entrance in the classified service of the state through
participation in competitive examinations.