Senate Bill No. 286
(By Senators Bailey, Blatnik, Wagner and Wiedebusch)
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[Introduced February 2, 1996; referred to the Committee on
Government Organization; and then to the Committee on Finance.]
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A BILL to amend and reenact section seven, article six, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to powers and
duties of the civil service commission's director of
personnel; requiring the director to establish a plan
guaranteeing merit increases for state employees according
to seniority and on a rotating basis; and certain employees
ineligible for increase under the plan.
Be it enacted by the Legislature of West Virginia:
That section seven, 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.
§29-6-7. Director of personnel; appointment; qualifications;
powers and duties.
(a) The secretary of the department of administration shall
appoint the director. The director shall be a person
knowledgeable of the application of the merit principles in
public employment as evidenced by the obtainment of a degree in
business administration, personnel administration, public
administration or the equivalent and at least five years of
administrative experience in personnel administration.
(b) The director shall:
(1) Consistent with the provisions of this article
administer the operations of the division, allocating the
functions and activities of the division among sections as the
director may establish;
(2) Maintain a personnel management information system
necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or
transactions for conformity with the provisions of this article;
(4) Plan, evaluate, administer and implement personnel
programs and policies in state government and to political
subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ
performance evaluation procedures;
(6) Develop programs to improve efficiency and effectiveness
of the public service, including, but not limited to, employee training, development, assistance and incentives;
(7) Establish pilot programs and other projects for a
maximum of one year outside of the provisions of this article,
subject to approval by the board, to be included in the annual
report;
(8) Establish and provide for a public employee interchange
program and may provide for a voluntary employee interchange
program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the governor and secretary of the department of
administration in general work force planning and other personnel
matters;
(11) Make an annual report to the governor and Legislature
and all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this
article; and
(14) Conduct schools, seminars or classes for supervisory
employees of the state regarding handling of complaints and
disciplinary matters and the operation of the state personnel
system; and
(15) Develop a merit pay raise plan which will guarantee
that all employees in any state agency receive merit increases on a rotating basis. This plan shall require that any funds made
available by an agency for merit increases be expended for pay
increases among the agency's employees according to seniority and
on a rotating basis, until all of the agency's employees have
received a merit increase in this manner, whereupon the process
shall be repeated: Provided, That no employee (i) who is under
disciplinary suspension at the time of merit increase
determination, or (ii) whose most recent performance evaluation
is less than satisfactory is eligible for a merit increase under
the provisions of this subdivision.
NOTE: The purpose of this bill is to require the director
of personnel to develop a plan that guarantees merit increases to
employees of state agencies. Raises would be given according to
seniority and on a rotating basis until all of the agency's
employees have received a merit increase under the plan,
whereupon the process is repeated. Employees who are under
disciplinary suspension or whose most recent performance
evaluation is less than satisfactory are not eligible for
increases under the plan.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.