H. B. 4595


(By Delegates Willis, Stemple and Coleman)

[Introduced February 21, 2000; referred to the

Committee on Political Subdivisions then Finance.]





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 specifying that county commissions, in approving the hiring of assistants, deputies and employees of other county officials, are limited to considering budgetary matters.

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.

ยง7-7-7. 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 the advice and consent of the county commission is limited to budgetary review of the position and the compensation to be paid to the person. 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 the 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 may 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 in the budget statement 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 of the amounts will 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 shall thereafter receive or she receives any money, or thing of value, on account thereof, he or she will account for and pay the same it to the county. Until the statements required by this section have been filed, no allowance or payments shall may be made to any county official or their assistants, deputies and employees.
Each county official named in this section shall have has 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 may be discharged contrary to the provisions of that article.




NOTE: The purpose of this bill is to specify that county commissions, in approving the hiring of assistants, deputies and employees of other county officials, are limited to considering budgetary matters.

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