Senate Bill No. 135
(By Senator Yost)
[Introduced February 13, 2013; referred to the Committee on
Government Organization; and then to the Committee on Finance .]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §29-6-29, relating to
the creation of an Equal Pay Coordinator within the Division
of Personnel to ensure pay equity among state employees;
making legislative findings; providing qualifications for the
position; providing powers and duties of coordinator;
providing for the development of a strategic plan to ensure
pay equity in state government; authorizing other agencies to
share necessary information with the coordinator; and
providing rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §29-6-29, to read as
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-29. Equal Pay Coordinator.
(a) Legislative findings - The legislature finds that despite
efforts to alleviate the equal pay disparities of state workers
through annual adjustments in compensation to positions reported by
the West Virginia Division of Personnel, there is a further need
for an Office of Equal Pay Coordinator within the division to
precisely evaluate, research, monitor and report on this issue and
facilitate an effective and efficient strategic plan in resolving
pay inequity among state employees.
(b) There is hereby created the position of Equal Pay
Coordinator within the Division of Personnel under the supervision
of the Director of the Division of Personnel, and the coordinator
shall be appointed by the Secretary of the Department of
(c) The coordinator:
(1) Shall serve on a full-time basis;
(2) May not hold political office in the government of the
state either by election or appointment while serving as
(3) Shall be a citizen of the United States and become a
resident of the state within ninety days of appointment; and
(4) Is exempt from coverage under classified service as
provided in section four, article six, chapter twenty-nine of this
(d) The coordinator is charged with:
(1) Evaluating the current status of pay inequity of state
employees, including collaborating with any existing agencies or
entities undertaking similar studies which will address pay
inequity factors among state employees;
(2) Researching different models designed to achieve pay
equity for public employees, including initiatives and programs
undertaken by other states or public entities;
(3) Monitoring all litigation or legal actions resulting from
pay inequity of state employees before state courts or
(4) Reporting to the Joint Committee on Government and Finance
and to the Equal Pay Commission annually by December 31 of each
calendar year, concerning the status of pay inequity among state
employees and any initiatives to resolve the inequity undertaken
by executive agencies, and to provide such other information as the
committee may request;
(5) Developing a strategic plan to address pay inequity among
current state employees, as well as future employees. The plan
(A) The current status of pay inequity among state employees;
(B) Recommendations of any necessary legislation or policies
to be adopted to achieve pay equity; and
(C) An ongoing monitoring schedule to ensure policies adopted by either the agencies affected or the Legislature are sustained;
(6) Making any recommendations to the Director of the Division
of Personnel for legislative or administrative changes necessary to
achieve pay equity among existing or for future state employees;
(7) Researching and evaluating classification and compensation
issues as deemed necessary, and any other duties deemed necessary
by the Director of the Division of Personnel.
(e) The coordinator shall have access to other information,
statistics, reports or other data, of a nonconfidential nature,
compiled or maintained by other agencies regarding salaries,
classifications, qualifications, skills, military service or other
factors affecting employment of state employees.
The coordinator shall make available to other agencies,
including the Equal Pay Commission, any statistics, reports, data
or other information of a nonconfidential nature, regarding pay
inequity of state employees, upon request, which availability would
foster or improve pay inequity among state employees.
(f) Rule making - To implement the provisions of this section,
the Director of the Division of Personnel shall propose rules for
legislative approval in accordance with article three, chapter
twenty-nine-a of this code. This authority includes emergency
rule-making authority pursuant to the provisions of section
fifteen, article three, chapter twenty-nine-a of this code.
NOTE: The purpose of this bill is to create an Equal Pay
Coordinator within the Division of Personnel to coordinate and
monitor efforts to achieve pay equity among state employees.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for introduction and passage during
the Regular Session of the Legislature by the Equal Pay Commission.