ENROLLED
Senate Bill No. 519
(By Senators Plymale, Lucht and Macnaughtan)
____________
[Passed March 12, 1994; to take effect July 1, 1994.]
____________
AN ACT to repeal section six, article nine, chapter eighteen-b
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact sections two,
three, five and eleven of said article; to further amend
said article by adding thereto a new section, designated
section twelve; and to amend article eleven of said chapter
by adding thereto a new section, designated section four,
all relating to higher education classified employees;
repealing section relating to review of classification
system requiring notice and reports; defining terms;
deleting obsolete provisions; establishing new classified
pay schedule; making classified salary schedule subject to
appropriation; deleting goal of recognizing outstanding
performance; recommending seven hundred fifty dollar salary
increase to each classified employee; requiring probationary
employment at lower salary with written evaluation; deleting
certain policy requirements; providing for minimum salary;
and requiring creation of two assistive device depositories
for provision of specified services.
Be it enacted by the Legislature of West Virginia:
That section six, article nine, chapter eighteen-b of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that sections two, three, five and eleven
of said article be amended and reenacted; that said article be
further amended by adding thereto a new section, designated
section twelve; and that article eleven of said chapter be
further amended by adding thereto a new section, designated
section four, all to read as follows:
ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND
CLASSIFICATION SYSTEM.
§18B-9-2. Definitions.
As used in this article:
(a) "Classified employee or employee" means any regular
full-time or regular part-time employee of a governing board,
including all employees of the West Virginia network for
educational telecomputing and beginning the first day of July,
one thousand nine hundred ninety, includes employees at the
central office of the governing boards, who hold a position that
is assigned a particular job title and pay grade in accordance
with the personnel classification system established by the
appropriate governing board and shall include all employees of
the West Virginia network for educational telecomputing;
(b) "Nonclassified employee" means an individual who is
responsible for policy formation at the institutional level or
reports directly to the president: Provided, That the percentageof personnel placed in the category of "nonclassified" at any
given institution shall not exceed four percent of the total
number of employees of that institution who are eligible for
membership in any state retirement system of the state of West
Virginia or other retirement plan authorized by the state. Final
approval of such placement shall be with the appropriate
governing board;
(c) "Job description" means the specific listing of duties
and responsibilities as determined by the appropriate governing
board and associated with a particular job title;
(d) "Job title" means the name of the position or job as
defined by the appropriate governing board;
(e) "Merit increases and salary adjustments" means the
amount of additional salary increase allowed on a merit basis or
to rectify salary inequities or accommodate competitive market
conditions in accordance with rules established by the
appropriate governing board;
(f) "Pay grade" means the number assigned by the appropriate
governing board to a particular job title and refers to the
vertical column heading of the salary schedule established in
section three of this article;
(g) "Personnel classification system" means the process of
job categorization adopted by the appropriate governing board by
which job title, job description, pay grade and placement on the
salary schedule are determined;
(h) "Salary" means the amount of compensation paid through
the state treasury per annum to a classified employee;
(i) "Schedule" or "salary schedule" means the grid of annual
salary figures established in section three of this article; and
(j) "Years of experience" means the number of years a person
has been an employee of the state of West Virginia and refers to
the horizontal column heading of the salary schedule established
in section three of this article. For the purpose of placement
on the salary schedule pursuant to said section, employment for
nine months or more shall equal one year of experience, but no
classified employee may accrue more than one year of experience
during any given fiscal year. Employment for less than full time
or less than nine months during any fiscal year shall be
prorated. For the purpose of determining the amount of annual
salary increase pursuant to subsection (b), section five of this
article, employment for less than twelve months during any fiscal
year shall be prorated. In accordance with rules established by
the appropriate governing board, a classified employee may be
granted additional years of experience not to exceed the actual
number of years of prior, relevant work or experience at
accredited institutions of higher education other than state
institutions of higher education.
§18B-9-3. Higher education classified employee annual salary
schedule.
There is hereby established a state annual salary schedule
for classified employees consisting of a minimum annual salary
for each pay grade in accordance with years of experience:
Provided, That payment of the minimum salary shall be subject to
the availability of funds, and nothing in this article shall beconstrued to guarantee payment to any classified employee of the
salary indicated on the schedule at the actual years of
experience absent specific legislative appropriation therefor.
The minimum salary herein indicated shall be prorated for
classified employees working less than thirty-seven and one-half
hours per week.
HIGHER EDUCATION
CLASSIFIED EMPLOYEE ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
PAY 0 1 2 3 4 5 6 7 8
GRADE
110,09210,78811,02811,26811,50811,76012,01212,27612,540
210,39211,34011,59211,84412,10812,37212,64812,92413,212
310,71611,92812,19212,46812,75613,04413,33213,63213,944
411,04012,56412,85213,14013,44013,75214,07614,40014,724
511,37613,23613,54813,87214,19614,52014,86815,21615,576
611,73613,96814,30414,65215,00015,36015,72016,10416,488
712,39614,76015,12015,49215,86416,24816,64417,05217,460
813,11615,61215,99616,39216,80017,22017,64018,08418,528
913,88416,52416,94417,37617,80818,26418,72019,18819,680
1014,71217,52017,96418,43218,90019,39219,88420,38820,916
1115,61218,58819,08019,57220,07620,60421,14421,69622,260
1216,59619,75220,26820,80821,36021,92422,50023,10023,712
1317,64021,00021,56422,14022,74023,35223,97624,62425,284
1418,78022,35622,96823,59224,24024,90025,57226,28027,000
1520,00423,82024,48025,16425,86026,58027,31228,06828,848
1621,34825,41626,12426,86827,62428,39229,19630,01230,864
1722,80027,14427,91228,71629,53230,37231,24832,13633,048
1824,37229,01629,85630,72031,60832,52033,46834,44035,436
1926,08831,05631,96832,90433,86434,86035,89236,94838,028
2027,94833,26434,26035,28036,33637,41638,53239,67240,860
2129,96435,67636,75637,87239,01240,18841,40042,64843,944
2232,17238,30439,48040,69241,92843,21244,54445,90047,304
2334,58441,17242,45643,76445,12046,52447,96449,45250,988
2437,21244,30445,69647,12448,61250,13651,70853,32855,008
2540,08047,71249,23650,79652,41654,08455,80057,57659,412
HIGHER EDUCATION
CLASSIFIED EMPLOYEE ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
PAY 9 10 11 12 13 14 15
GRADE
112,80413,08013,36813,65613,95614,25614,568
213,50013,80014,11214,42414,73615,07215,396
314,25614,58014,90415,24015,58815,93616,296
415,06015,40815,76816,12816,50016,88417,268
515,93616,30816,69217,08817,48417,89218,312
616,87217,28017,68818,12018,55218,99619,440
717,89218,32418,76819,22419,69220,17220,664
818,98419,45219,93220,43620,94021,45621,984
920,17220,67621,20421,73222,28422,84823,412
1021,45621,99622,56023,14823,73624,34824,972
1122,83623,43624,03624,67225,30825,96826,652
1224,33624,98425,64426,32827,02427,73228,464
1325,96826,66427,38428,11628,87229,65230,444
1427,73228,48829,26830,07230,88831,72832,604
1529,65230,46831,32032,18433,07233,99634,932
1631,72832,62833,54034,48835,46036,45637,488
1733,99634,96835,96436,99638,05239,13240,260
1836,46837,52438,60439,72040,87242,06043,284
1939,14440,29641,48442,69643,95645,25246,572
2042,07243,33244,61645,94847,31648,73250,172
2145,26446,63248,04849,50050,98852,52454,120
2248,75650,24451,78053,36455,00856,68858,416
2352,56054,19255,87257,61259,38861,23663,132
2456,73658,51260,34862,24464,20066,21668,304
2561,29663,24065,25667,33269,46871,67673,956
§18B-9-5. Classified employee salary.
(a) Each classified employee who is employed by a governing
board on the first day of July, one thousand nine hundred ninety-
three, shall receive for the same employment at the same pay
grade during the fiscal year commencing on such date and
thereafter, subject to an appropriation by the Legislature
therefor, and in addition to the experience increment increase
provided for in subsection (b) of this section, a monthly salary
which is at least one hundred twenty-five dollars more than the
final base monthly salary paid such classified employee for the
fiscal year commencing on the first day of July, one thousand
nine hundred ninety-two, to be paid in equal installments within
the regular pay periods and to be prorated for classified
employees working less than thirty-seven and one-half hours perweek.
(b) Commencing with the fiscal year beginning on the first
day of July, one thousand nine hundred ninety-one, and each
fiscal year thereafter, each classified employee with three or
more years of experience shall receive an annual salary increase
equal to thirty-six dollars times the employee's years of
experience: Provided, That such annual salary increase shall not
exceed the amount granted for the maximum of twenty years of
experience. These incremental increases shall be in lieu of any
salary increase received pursuant to section two, article five,
chapter five of this code; shall be in addition to any across-
the-board, cost-of-living or percentage salary increases which
may be granted in any fiscal year by the Legislature; and shall
be paid in like manner as the annual payment to eligible state
employees of the incremental salary increases based on years of
service under the provisions of said section.
(c) Any classified employee may receive merit increases
and/or salary adjustments in accordance with policies established
by the board: Provided, That funds for such increases and/or
adjustments shall be distributed in accordance with rules of the
appropriate governing board and shall be available to all state
institutions of higher education on an equitable basis.
(d) The current annual salary of any classified employee may
not be reduced by the provisions of this article nor by any other
action inconsistent with the provisions of this article, and
nothing in this article shall be construed to prohibit promotion
of any classified employee to a job title carrying a higher paygrade if such promotion is in accordance with the provisions of
this article and the personnel classification system established
by the appropriate governing board.
§18B-9-11. Institutional salary policies; salary increase
authorization.
(a) Beginning with the fiscal year commencing on the first
day of July, one thousand nine hundred ninety-four, classified
employee salary increases shall be distributed within each state
institution of higher education, to the extent of legislative
appropriation therefor, in accordance with a written
institutional salary policy which does not conflict with the
uniform employee classification system and which achieves or
moves toward the following goals:
(1) Each classified employee receives at least the amount
indicated by the minimum salary schedules pursuant to section
three of this article;
(2) Each classified employee within a classification group
receives a salary which will achieve salary equity as defined in
the uniform employee classification system established pursuant
to subsection (b), section four of this article;
(3) Equity among salaries is maintained; and
(4) The institution's classified employees are effectively
involved in the administration of the campus-level classified
employee salary policy.
(b) Subject to an appropriation by the Legislature therefor,
for the fiscal year commencing on the first day of July, one
thousand nine hundred ninety-four, seven hundred fifty dollarsper full-time classified employee is recommended to be
appropriated and distributed in that fiscal year for salary
increases to each classified employee. For the fiscal year
commencing on the first day of July, one thousand nine hundred
ninety-five, an amount equal to one thousand five hundred dollars
per full-time classified employee is recommended to be
appropriated and distributed in that fiscal year for salary
increases for classified employees, such distribution to be in
accordance with the resource allocation policies developed
pursuant to the provisions of section two, article five of this
chapter and the salary policies required in subsection (a) of
this section: Provided, That nothing in this section shall be
construed to prohibit future salary increases for classified
employees determined to be at the maximum for their pay grade
under any new classification system promulgated in accordance
with subsection (b), section four of this article and in
accordance with policies which shall be adopted by each governing
board relating to salary increases for classified employees
determined to be at maximum salary.
(c) Subject to appropriations by the Legislature therefor,
each classified employee whose annual salary under subsections
(a) and (b) of this section is less than the minimum monthly
salary for zero years of experience for the appropriate pay grade
as set forth in section three of this article shall receive
additional compensation such that the monthly salary is at least
the minimum amount prescribed for the appropriate pay grade at
zero years of experience: Provided, That such amounts may bereduced proportionately based upon the amount of funds available
for such purpose.
§18B-9-12. Probationary employees.
Each full-time classified employee hired by the governing
boards shall serve an initial six-month probationary period. At
the end of said probationary period the employee shall receive a
written evaluation of his or her performance. The employee's
supervisor shall meet with the employee and explain the contents
of said evaluation and whether the employee is being offered
regular employment. Probationary employees shall receive five
percent less than the agreed upon entry rate salary for their
position in accordance with the salary schedule set forth in
section three of this article, as determined by the governing
board's policy, during their probationary employment. Whenever
probationary employment becomes regular employment, the employee
shall receive an immediate five percent salary increase.
ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.
§18B-11-4. Depositories for assistive devices and services.
There is hereby created under the authority, supervision and
direction of the two governing boards of the state institutions
of higher education, two assistive device depositories, one of
which is to be located in a state supported college or university
in the northern part of the state and the other depository is to
be located in a state supported college or university in the
southern part of the state. Each assistive device depository
shall obtain assistive devices either through public or private
funding, develop an inventory of assistive devices and servicesfor individuals with disabilities, catalog equipment, receive and
fulfill requests and track and maintain assistive devices.
In coordination with the secretary of education and the
arts, the governing boards shall establish the depositories upon
receipt of line item appropriations by the Legislature for such
purposes. Educational agencies, including public and private
educational agencies, public and private service agencies,
individuals, families and communities shall have access to these
depositories and the equipment and services available at each
depository. Public and private higher education institutions
shall have priority access to the depositories.
Each depository shall coordinate its activities with the
West Virginia assistive technology system at the university
affiliated center for developmental disabilities. Each
depository shall undertake outreach efforts and shall coordinate
services and equipment programs with other state and local
agencies to share resources. Services to individuals with
disabilities in higher education shall include, but not be
limited to: Interpreters for the deaf, peer tutors, note takers,
readers for the blind; and shall further be defined as community
service under provisions of the national and community service
act and other applicable state and federal statutes.