Senate Bill No. 286


(By Senators Bailey, Blatnik, Wagner and Wiedebusch)

__________

[Introduced February 2, 1996; referred to the Committee on Government Organization; and then to the Committee on Finance.]

__________



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.