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 higher
than the position in which he is employed and classified may, in
the event that his regular position would be terminated as aresult 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 may, in his or her
supervisor's discretion, have priority to be reassigned,
transferred or otherwise retained in any lesser classified
position that he or she has formerly held and been qualified for.
NOTE: The purpose of this bill is to set forth the civilservice rights of managerial employees affected by reductions in
force.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.