H. B. 4413
(By Delegates Underwood, Johnson, Trump,
Hubbard, Leach, Jenkins and Linch)
[Introduced February 12, 1998; referred to the
Committee on Political Subdivisions then the
Judicairy.]
A BILL to amend and reenact section seven, article seven, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to county
assistants, deputies, and employees; clarifying the phrase
"advice and consent in appointment and employment of
assistants, deputies and employees" of various elected
county officials.
Be it enacted by the Legislature of West Virginia:
That section seven, article seven, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY ASSISTANTS, DEPUTIES AND EMPLOYEES, THEIR NUMBER
AND COMPENSATION.
§7-7-7. County assistants, deputies and employees; their number
and compensation; county budget.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor
and prosecuting attorney, by and with the advice and consent of
the county commission, may appoint and employ, to assist them in
the discharge of their official duties for and during their
respective terms of office, assistants, deputies and employees:
Provided, That such advice and consent is limited to budgetary
review of the position and the compensation to be paid thereto.
The county clerk may designate one or more of his or her
assistants as responsible for all probate matters.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor
and prosecuting attorney shall, prior to the second day of March
second of each year, file with the county commission a detailed
request for appropriations for anticipated or expected
expenditures for their respective offices, including the
compensation for their assistants, deputies and employees, for
the ensuing fiscal year.
Any deputy sheriff who is required to work on a holiday as
observed by county employees generally shall be compensated for
such time by being given a substitute day off.
The county commission shall, prior to the twenty-ninth day of March twenty-ninth of each year by order fix the total amount
of money to be expended by the county for the ensuing fiscal
year, which amount shall include the compensation of county
assistants, deputies and employees. Each county commission shall
enter its order upon its county commission record.
The county clerk, circuit clerk, joint clerk of the county
commission and circuit court, if any, sheriff, county assessor
and prosecuting attorney shall then fix the compensation of their
assistants, deputies and employees based on the total amount of
money designated for expenditure by their respective offices by
the county commission and the amount so expended shall not exceed
the total expenditure designated by the county commission for
each office.
The county officials, in fixing the individual compensation
of their assistants, deputies and employees and the county
commission in fixing the total amount of money to be expended by
the county, shall give due consideration to the duties,
responsibilities and work required of the assistants, deputies
and employees and their compensation shall be reasonable and
proper.
After the county commission has fixed the total amount of
money to be expended by the county for the ensuing fiscal year
and after each county official has fixed the compensation of each
of his or her assistants, deputies and employees, as provided in this section, each county official shall file prior to the
thirtieth day of June, thirtieth with the clerk of the county
commission, a budget statement for the ensuing fiscal year
setting forth the name, or the position designation if then
vacant, of each of his or her assistants, deputies and employees,
the period of time for which each is employed, or to be employed
if the position is then vacant, and his or her monthly or
semimonthly compensation.
All budget statements required to be filed by this section
shall be verified by an affidavit by the county official making
them. Among other things contained in the affidavit shall be the
statement that the amounts shown therein are the amounts actually
paid or intended to be paid to the assistants, deputies and
employees without rebate, and without any agreement,
understanding or expectation that any part thereof shall be
repaid to him or her, and that, prior to the time the affidavit
is made, nothing has been paid or promised him or her on that
account, and that if he or she shall thereafter receive any
money, or thing of value, on account thereof, he or she will
account for and pay the same to the county. Until the statements
required by this section have been filed, no allowance or
payments shall be made to any county official or their
assistants, deputies and employees.
Each county official named in this section shall have the authority to discharge any of his or her assistants, deputies or
employees by filing with the clerk of the county commission a
discharge statement specifying the discharge action: Provided,
That no deputy sheriff appointed pursuant to the provisions of
article fourteen, chapter seven of this code, shall be discharged
contrary to the provisions of that article.
NOTE: The purpose of this bill is to clarify that the
advice and consent of county commissions as it relates to the
hiring of assistants, deputies and employees of other elected
county officials relates only to budgetary considerations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.