Senate Bill No. 146

(By Senators Tomblin (Mr. President) and Buckalew
By Request of the Executive)

[Introduced January 14, 1998; referred to the Committee
on Government Organization.]

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 exemptions from the classified service and additions to the classified service; and removing county road supervisors from positions exempted 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:
§29-6-4. 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;
(12) (11) Part-time professional personnel engaged in professional services without administrative duties and personnel employed for ninety days or less during a working year;
(13) (12) Members and employees of the board of trustees and board of directors or their successor agencies;
Uniformed personnel of the division of public safety [West Virginia state police] state police; and
(14) (13) Seasonal employees in the state forests, parks, and recreational areas working less than 1733 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 the county road supervisors from exempt positions under the classified service to the classified service.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.