Senate Bill No. 327
(By Senators Whitlow and Anderson)
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[Introduced February 8, 1996;
referred to the Committee Government Organization.]
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A BILL to amend and reenact section four, article six, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to removing county
road supervisors employed by the division of highways from
the list of positions which are exempt from coverage under
the classified service.
Be it enacted by the Legislature of West Virginia:
That section four, 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.
ยง29-6-4. Classified-exempt service; additions to classified
service; exemptions.
(a) The classified-exempt service includes all positions
included in the classified-exempt service on the effective date
of this article.
(b) Except for the period commencing on the first day of
July, one thousand nine hundred ninety-two, and ending on the
first Monday after the second Wednesday of the following January
and except for the same periods commencing in the year one
thousand nine hundred ninety-six, and in each fourth year
thereafter, the governor may, by executive order, with the
written consent of the state personnel board and the appointing
authority concerned, add to the list of positions in the
classified service, but such additions shall not include any
positions specifically exempted from coverage as provided in this
section.
(c) The following offices and positions are exempt from
coverage under the classified service:
(1) All judges, officers and employees of the judiciary;
(2) All members, officers and employees of the Legislature;
(3) All officers elected by popular vote and employees of
the officer;
(4) All secretaries of departments and employees within the office of a secretary;
(5) Members of boards and commissions and heads of
departments appointed by the governor or such heads of
departments selected by commissions or boards when expressly
exempt by law or board order;
(6) Excluding the policy-making positions in an agency, one
principal assistant or deputy and one private secretary for each
board or commission or head of a department elected or appointed
by the governor or Legislature;
(7) All policy-making positions;
(8) Patients or inmates employed in state institutions;
(9) Persons employed in a professional or scientific
capacity to make or conduct a temporary and special inquiry,
investigation or examination on behalf of the Legislature or a
committee thereof, an executive department or by authority of the
governor;
(10) All employees of the office of the governor, including
all employees assigned to the executive mansion;
(11) County road supervisors employed by the division of
highways or their successors;
(11) (12) Part-time professional personnel engaged in professional services without administrative duties and personnel
employed for ninety days or less during a working year;
(12) (13) Members and employees of the board of trustees and
board of directors or their successor agencies;
(13) (14) Uniformed personnel of the division of public
safety; and
(14) (15) Seasonal employees in the state forests, parks,
and recreational areas working less than 1,733 hours per calendar
year: Provided, That notwithstanding any provision of law to the
contrary, seasonal employees shall not be considered full-time
employees.
(d) The Legislature finds that the holding of political
beliefs and party commitments consistent or compatible with those
of the governor contributes in an essential way to the effective
performance of and is an appropriate requirement for occupying
certain offices or positions in state government, such as the
secretaries of departments and the employees within their
offices, the heads of agencies appointed by the governor and, for
each such head of agency, a private secretary and one principal
assistant or deputy, all employees of the office of the governor
including all employees assigned to the executive mansion, as well as any persons appointed by the governor to fill
policy-making positions, in that such offices or positions are
confidential in character and/or require their holders to act
as advisors to the governor or the governor's appointees, to
formulate and implement the policies and goals of the governor
or the governor's appointees, or to help the governor or the
governor's appointees communicate with and explain their policies
and views to the public, the Legislature and the press.
NOTE: The purpose of this bill is to remove county road
supervisors employed by the division of highways from the list of
positions exempt from coverage under the classified service.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.