Senate Bill No. 480
(By Senators Plymale, Wells, Tomblin (Mr. President),
White, Unger, Edgell, Oliverio, Barnes, Jenkins,
Bowman, Foster, Guills, Laird, Browning, Chafin, Yost,
Kessler, Stollings and Prezioso)
____________
[Introduced February 5, 2010; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to repeal §18-23-4a of the Code of West Virginia, 1931, as
amended; to repeal §18B-8-3a of said code; to repeal
§18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10
and §18B-9-12 of said code; to amend and reenact §18B-1-2 of
said code; to amend and reenact §18B-1B-5 of said code; to
amend and reenact §18B-2A-3 of said code; to amend and reenact
§18B-2B-3 of said code; to amend and reenact §18B-3-1 and
§18B-3-3 of said code; to amend said code by adding thereto a
new section, designated §18B-3C-7a; to amend and reenact
§18B-4-1 of said code; to amend said code by adding thereto a
new section, designated §18B-4-2a; to amend and reenact
§18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6,
§18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto
four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15
and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3,
§18B-8-4, §18B-8-5 and §18B-8-6 of said code; to amend said
code by adding thereto a new section, designated §18B-8-2; to
amend and reenact §18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4
of said code; and to amend said code by adding thereto a new
article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3,
§18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8, all
relating to public higher education personnel generally; state
organizations of higher education; establishing classification
and compensation for certain employees; specifying powers and
duties; providing legislative purposes and intent; providing
certain definitions; requiring certain professional staff
positions; setting forth minimum qualifications and specifying
duties; requiring organization rulemaking; specifying
applicability of certain statutes and rules and providing
certain exceptions; setting forth relationships among certain
higher education organizations; designating names for certain
community and technical colleges; authorizing certain
supplemental retirement and health and welfare benefit plans
for certain employees; providing for certain employer and
employee matches; authorizing employee payroll deductions; requiring establishment of continuing education and
professional development programs for certain employees;
setting forth certain employment practices; requiring certain
periodic reports; specifying data to be included in reports
and designating report due dates; providing certain exceptions
to report due dates; requiring periodic audits of human
resources functions at certain higher education organizations;
setting forth purposes of audits; specifying audit criteria
and designating completion dates; requiring prior notice of
audits; setting forth certain exceptions; authorizing
compensatory time off for certain employees in certain
instances; setting forth conditions; defining "nonclassified"
employees; limiting percentage of employees designated as
"nonclassified"; establishing formula for calculating
percentage; providing effective date for meeting percentage
limits and requiring compliance reports; authorizing certain
employment by mutual agreement; setting forth terms,
conditions and applicability of agreements; requiring
probationary period for certain employees; authorizing
catastrophic leave banks and leave transfer for certain
employees; setting forth terms and conditions for
participation; codifying certain current practices;
authorizing merit salary increases for certain employees under certain conditions; requiring study of certain employment
practices; requiring report and specifying data and report due
date; requiring faculty salary rules and providing for salary
increases in certain instances; authorizing sabbatical leaves
for certain professional personnel; specifying terms and
conditions for participation; maintaining certain rights and
benefits during leaves of absences under certain
circumstances; requiring definition of certain terms;
requiring notice of employment decisions to probationary
faculty members by certain date and providing for hearings in
certain instances; specifying authority of Higher Education
Policy Commission and Council for Community and Technical
College Education over employee classification and
compensation system; stating legislative intent regarding
funding for certain employee salary schedules; specifying
applicability of certain statutes; establishing certain terms
and conditions and providing certain exceptions; providing
formulas for making certain salary calculations; requiring
certification of certain higher education organizations
relating to certain salary funding requirements; specifying
applicability of certain rules; requiring review and approval
process for certain rules and specifying responsibilities of
certain professional personnel relating to rulemaking; providing short title designation; requiring maintenance of
uniform job classification system; establishing job
classification committee and specifying membership,
organization and powers and duties; assigning certain other
powers and duties relating to job classification; establishing
compensation planning and review committee and specifying
membership, organization and powers and duties; requiring
establishment of market salary structures and minimum salary
schedules; requiring periodic updates; specifying certain
other related powers and duties; requiring periodic market
salary studies; specifying application of study findings;
requiring certain salary comparisons; establishing limit on
variations of average salaries among employee classes;
specifying authority and duty of Higher Education Policy
Commission and Council for Community and Technical College
Education over classification and compensation system;
requiring promulgation of certain personnel rules by certain
date; authorizing emergency rules with prior approval;
establishing parameters for rules; specifying mechanisms for
correcting identified deficiencies and requiring and
authorizing certain sanctions in certain instances; providing
for hearing employee appeals; requiring employee performance
evaluations; requiring certain training for supervisory personnel; establishing terms and conditions for exercising
certain operational flexibilities for certain organizations;
establishing certain goals for implementing certain statutes
and rules and fixing certain implementation responsibilities;
making technical corrections; and deleting obsolete language.
Be it enacted by the Legislature of West Virginia:
That §18-23-4a of the Code of West Virginia, 1931, as amended,
be repealed; that §18B-8-3a of said code be repealed; that
§18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B-9-10 and
§18B-9-12 of said code be repealed; that §18B-1-2 of said code be
amended and reenacted; that §18B-1B-5 of said code be amended and
reenacted; that §18B-2A-3 of said code be amended and reenacted;
that §18B-2B-3 of said code be amended and reenacted; that §18B-3-1
and §18B-3-3 of said code be amended and reenacted; that said code
by amended by adding thereto a new section, designated §18B-3C-7a;
that §18B-4-1 of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §18B-4-2a;
that §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6,
§18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of
said code be amended and reenacted; that said code be amended by
adding thereto four new sections, designated §18B-7-13, §18B-7-14,
§18B-7-15 and §18B-7-16; that §18B-8-1, §18B-8-3, §18B-8-4,
§18B-8-5 and §18B-8-6 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated
§18B-8-2; that §18B-9-1, §18B-9-2, §18B-9-3 and §18B-9-4 of said
code be amended and reenacted; and that said code be amended by
adding thereto a new article, designated §18B-9A-1, §18B-9A-2,
§18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and
§18B-9A-8, all to read as follows:
ARTICLE 1. GOVERNANCE.
§18B-1-2. Definitions.
The following words when used in this chapter and chapter
eighteen-c of this code have the meanings ascribed to them unless
the context clearly indicates a different meaning:
(a) "Governing boards" or "boards" means the institutional
boards of Governors created
pursuant to by section one, article
two-a of this chapter;
(b) "Free-standing community and technical colleges" means
Southern West Virginia Community and Technical College, West
Virginia Northern Community and Technical College, and Eastern West
Virginia Community and Technical College, which may not be operated
as branches or off-campus locations of any other state institution
of higher education;
(c) "Community and technical college", in the singular or
plural, means the free-standing community and technical colleges
and other state institutions of higher education which deliver community and technical college education. This definition
includes
Southern West Virginia Community and Technical College,
West Virginia Northern Community and Technical College, Eastern
West Virginia Community and Technical College, New River Community
and Technical College, West Virginia University at Parkersburg,
The Community and Technical College at West Virginia University
Institute of Technology, Blue Ridge Community and Technical
College, Marshall Community and Technical College, West Virginia
State Community and Technical College and Pierpont Community and
Technical College Blue Ridge Community and Technical College,
Bridgemont Community and Technical College, Eastern West Virginia
Community and Technical College, Kanawha Valley Community and
Technical College, Mountwest Community and Technical College, New
River Community and Technical College, Pierpont Community and
Technical College, Southern West Virginia Community and Technical
College, West Virginia Northern Community and Technical College and
West Virginia University at Parkersburg;
(d) "Community and technical college education" means the
programs, faculty, administration and funding associated with the
delivery of community and technical college education programs;
(e) "Essential conditions" means those conditions which shall
be met by community and technical colleges as provided in section
three, article three-c of this chapter;
(f) "Higher education institution" means any institution as
defined by Sections 401(f), (g) and (h) of the federal Higher
Education Facilities Act of 1963, as amended;
(g) "Higher Education Policy Commission", "Policy Commission"
or "Commission" means the commission created
pursuant to by section
one, article one-b of this chapter;
(h) "Chancellor for Higher Education" means the chief
executive officer of the Higher Education Policy Commission
employed pursuant to section five, article one-b of this chapter;
(i) "Chancellor for Community and Technical College Education"
means the chief executive officer of the West Virginia Council for
Community and Technical College Education employed pursuant to
section three, article two-b of this chapter;
(j) "Chancellor" means the Chancellor for Higher Education
where the context refers to a function of the Higher Education
Policy Commission. "Chancellor" means Chancellor for Community and
Technical College Education where the context refers to a function
of the West Virginia Council for Community and Technical College
Education;
(k) "Institutional operating budget" or "operating budget"
means for any fiscal year an institution's total unrestricted
education and general funding from all sources,
in the prior fiscal
year, including, but not limited to, tuition and fees and legislative appropriation, and any adjustments to that funding as
approved by the commission or council based on comparisons with
peer institutions or to reflect consistent components of peer
operating budgets;
(l) "Community and technical college education program" means
any college-level course or program beyond the high school level
provided through a public institution of higher education resulting
in or which may result in a two-year associate degree award
including an associate of arts, an associate of science and an
associate of applied science; certificate programs and skill sets;
developmental education; continuing education; collegiate credit
and noncredit workforce development programs; and transfer and
baccalaureate parallel programs. All programs are under the
jurisdiction of the council. Any reference to "post-secondary
vocational education programs" means community and technical
college education programs as defined in this subsection;
(m) "Rule" or "rules" means a regulation, standard, policy or
interpretation of general application and future effect;
(n) "Vice Chancellor for Administration" means the person
employed in accordance with section two, article four of this
chapter. Any reference in this chapter or chapter eighteen-c of
this code to "Senior Administrator" means Vice Chancellor for
Administration;
(o) "Associate Vice Chancellor for Human Resources" means the
person employed in accordance with section two-a, article four of
this chapter;
(o) (p) "State college" means Bluefield State College, Concord
University, Fairmont State University, Glenville State College,
Shepherd University, West Liberty
State College University or West
Virginia State University;
(p) (q) "State institution of higher education" means any
university, college or community and technical college under the
jurisdiction of a governing board as that term is defined in this
section;
(q) (r) "Board of visitors" means the advisory board
previously appointed for the West Virginia Graduate College and the
advisory board previously appointed for West Virginia University
Institute of Technology, which provide guidance to the Marshall
University Graduate College and West Virginia University Institute
of Technology, respectively;
(r) (s) "Institutional compact" means the compact between the
commission or council and a state institution of higher education
under its jurisdiction, as described in section six, article one-d
of this chapter;
(s) (t) "Peer institutions", "peer group" or "peers" means
public institutions of higher education used for comparison purposes and selected by the commission pursuant to section three,
article one-a of this chapter;
(t) (u) "Administratively linked community and technical
college" means a state institution of higher education delivering
community and technical college education and programs which has
maintained a contractual agreement to receive essential services
from another accredited state institution of higher education prior
to July 1, 2008;
(u) (v) "Sponsoring institution" means a state institution of
higher education that maintained an administrative link to a
community and technical college providing essential services prior
to July 1, 2008. This definition includes institutions whose
governing boards had under their jurisdiction a community and
technical college, regional campus or a division delivering
community and technical college education and programs;
(v) (w) "Collaboration" means entering into an agreement with
one or more providers of education services in order to enhance the
scope, quality or efficiency of education services;
(w) (x) "Broker" or "brokering" means serving as an agent on
behalf of students, employers, communities or responsibility areas
to obtain education services not offered at that institution.
These services include courses, degree programs or other services
contracted through an agreement with a provider of education services either in-state or out-of-state;
(x) (y) "Council" means the West Virginia Council for
Community and Technical College Education created
pursuant to by
article two-b of this chapter;
(y) (z) "West Virginia Consortium for Undergraduate Research
and Engineering" or "West Virginia CURE" means the collaborative
planning group established
pursuant to by article one-c of this
chapter;
(z) (aa) "Advanced technology center" means a facility
established under the direction of an independent community and
technical college
or the council for the purpose of implementing
and delivering education and training programs for high-skill,
high-performance Twenty-first Century workplaces;
(aa) (bb) "Statewide network of independently accredited
community and technical colleges" or "community and technical
college network" means the state institutions of higher education
under the jurisdiction of the West Virginia Council for Community
and Technical College Education which are independently accredited
or are seeking independent accreditation by the regional
accrediting agency, each governed by its own independent governing
board, and each having a core mission of providing affordable
access to and delivering high quality community and technical
education in every region of the state;
(bb) (cc) "Independent community and technical college" means
a state institution of higher education under the jurisdiction of
the council which is independently accredited or seeking
independent accreditation, is governed by its own independent
governing board, and may not be operated as a branch or off-campus
location of any other state institution of higher education. This
definition includes
Blue Ridge Community and Technical College, The
Community and Technical College at West Virginia University
Institute of Technology, Eastern West Virginia Community and
Technical College, Marshall Community and Technical College, New
River Community and Technical College, Pierpont Community and
Technical College, Southern West Virginia Community and Technical
College, West Virginia Northern Community and Technical College,
West Virginia State Community and Technical College, and West
Virginia University at Parkersburg Blue Ridge Community and
Technical College, Bridgemont Community and Technical College,
Eastern West Virginia Community and Technical College, Kanawha
Valley Community and Technical College, Mountwest Community and
Technical College, New River Community and Technical College,
Pierpont Community and Technical College, Southern West Virginia
Community and Technical College, West Virginia Northern Community
and Technical College and West Virginia University at Parkersburg;
and
(cc) (dd) "Dual credit course" or "dual enrollment course"
is
means a credit-bearing college-level course offered in a high
school by a state institution of higher education for high school
students in which the students are concurrently enrolled and
receiving credit at the secondary level.
ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.
§18B-1B-5. Employment of Chancellor for Higher Education; office;
powers and duties generally; employment of Vice
Chancellors and other staff.
(a) The commission, created
pursuant to by section one of this
article, shall employ a Chancellor for Higher Education who is the
Chief Executive Officer of the Commission and who serves at its
will and pleasure.
(b) The commission shall set the qualifications for the
position of Chancellor and shall conduct a thorough nationwide
search for qualified candidates. A qualified candidate is one who
meets at least the following criteria:
(1) Possesses an excellent academic and administrative
background;
(2) Demonstrates strong communication skills;
(3) Has significant experience and an established national
reputation as a professional in the field of higher education;
(4) Is free of institutional or regional biases; and
(5) Holds or retains no other administrative position within
a system of higher education while employed as chancellor.
(c) The commission shall conduct written performance
evaluations of the chancellor annually and may offer the chancellor
a contract not to exceed three years. At the end of each contract
period, the commission shall review the evaluations and make a
determination by vote of its members on continuing employment and
compensation level.
(d) When filling a vacancy in the position of chancellor, the
commission shall enter into an initial employment contract for one
year with the candidate selected. At the end of the initial
contract period, and each contract period thereafter, the
commission shall review the evaluations and make a determination by
vote of its members on continuing employment and compensation level
for the chancellor.
(e) The commission sets the chancellor's salary. The salary
may not exceed by more than twenty percent the average annual
salary of chief executive officers of state systems of higher
education in the states that comprise the membership of the
Southern Regional Education Board.
(f) The commission may employ a Vice Chancellor for Health
Sciences who serves at the will and pleasure of the commission.
The Vice Chancellor for Health Sciences shall coordinate the West Virginia University School of Medicine, the Marshall University
School of Medicine and the West Virginia School of Osteopathic
Medicine and also shall provide assistance to the governing boards
on matters related to medical education and health sciences. The
Vice Chancellor for Health Sciences shall perform all duties
assigned by the chancellor, the commission and state law. In the
case of a vacancy in the office of Vice Chancellor of Health
Sciences, the duties assigned to this office by law are the
responsibility of the chancellor or a designee.
(g) The commission shall employ a Vice Chancellor for
Administration pursuant to section two, article four of this
chapter.
(h) The commission shall employ an Associate Vice Chancellor
for Human Resources pursuant to section two-a, article four of this
chapter. Additionally, the commission shall employ a Director of
Training and Development and a Director of Classification,
Compensation and Human Resources Information Systems who shall
report to the Associate Vice Chancellor for Human Resources and
perform duties as assigned by the Associate Vice Chancellor, by law
or by rule.
(h) (i) The commission may employ a Vice Chancellor for State
Colleges who serves at the will and pleasure of the commission.
It
is the duty and responsibility of The Vice Chancellor for State Colleges
to shall:
(1) Provide assistance to the commission, the chancellor and
the state colleges on matters related to or of interest and concern
to these institutions;
(2) Advise, assist and consult regularly with the institutional
presidents and institutional boards of Governors of each state
college;
(3) Serve as an advocate and spokesperson for the state
colleges to represent them and to make their interests, views and
issues known to the chancellor, the commission and governmental
agencies;
(4) Perform all duties assigned by the chancellor, the
commission and state law.
In addition, the Vice Chancellor for State Colleges
has the
responsibility and the duty to shall provide staff assistance to the
institutional presidents and governing boards to the extent
practicable.
(i) (j) On behalf of the commission, the chancellor may enter
into agreements with any state agency or political subdivision of
the state, any state higher education institution or any other
person or entity to enlist staff assistance to implement the powers
and duties assigned by the commission or by state law.
(j) (k) The chancellor is responsible for the daily operations of the commission and has the following responsibilities relating
to the commission and the institutions under its jurisdiction:
(1) To carry out policy and program directives of the
commission;
(2) To develop and submit annual reports on the implementation
plan to achieve the goals and objectives set forth in section one-a,
article one of this chapter,
in article one-d of this chapter and
in the institutional compacts;
(3) To prepare and submit to the commission for its approval
the proposed budget of the commission including the offices of the
chancellor and the vice chancellors;
(4) To assist the governing boards in developing rules, subject
to the provisions of section six, article one of this chapter.
Nothing in this chapter requires the rules of the governing boards
to be filed pursuant to the rule-making procedures provided in
article three-a, chapter twenty-nine-a of this code. The commission
and the council, either separately or jointly as appropriate, are
responsible for ensuring that any policy which is required to be
uniform across the institutions is applied in a uniform manner;
(5) To perform all other duties and responsibilities assigned
by the commission or by state law.
(k) (l) The chancellor shall be reimbursed for all actual and
necessary expenses incurred in the performance of all assigned duties and responsibilities.
(l) (m) The chancellor, with the commission, advises the
Legislature on matters of higher education in West Virginia. The
chancellor shall work closely with the Legislative Oversight
Commission on Education Accountability and with the elected
leadership of the state to ensure that they are fully informed about
higher education issues and that the commission fully understands
the goals for higher education that the Legislature has established
by law.
(m) (n) The chancellor may design and develop for consideration
by the commission new statewide or
regional regionwide initiatives
in accordance with the goals set forth in section one-a, article one
of this chapter,
article one-d of this chapter and the public policy
agenda articulated by the commission. In those instances where the
initiatives to be proposed have a direct and specific impact or
connection to community and technical college education as well as
to baccalaureate and graduate education, the Chancellor for Higher
Education and the Chancellor for Community and Technical College
Education shall design and develop the initiatives jointly for
consideration by the commission and the council.
(n) (o) To further the goals of cooperation and coordination
between the commission and the State Board of Education, the
chancellor serves as an ex officio, nonvoting member of the state board. The chancellor shall work closely with members of the State
Board of Education and with the State Superintendent of Schools to
assure that the following goals are met:
(1) Development and implementation of a seamless kindergarten-
through-college system of education; and
(2) Appropriate coordination of missions and programs.
To further the goals of cooperation and coordination between
the Commission and the state Board of Education, the chancellor
serves as an ex officio, nonvoting member of the state Board of
Education.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-3. Supervision of governing boards; promulgation of rules.
(a) The governing boards are subject to the supervision of the
Commission or the Council, as appropriate, except
for in those
instances where specific statutory exceptions are granted to the
governing boards of Marshall University and West Virginia
University.
as it relates to the state institutions of higher
education known as Marshall University and West Virginia University
(b) The governing boards of all state institutions of higher
education are subject to the provisions of this chapter that relate
to the administration of personnel matters including specifically
the provisions of articles seven, eight, nine and nine-a of this
chapter.
(c) The commission and council shall review and approve
institutional operating and capital budgets and distribute incentive
and performance-based funding.
(d) The Chancellor for Higher Education and the Chancellor for
Community and Technical College Education, under the supervision of
their respective boards, are responsible for the coordination of
policies and purposes of the governing boards and shall provide for
and facilitate sufficient interaction among the governing boards and
between the governing boards and the state Board of Education to
meet the goals and objectives provided in the compacts and in
section one-a, article one
and article one-d of this chapter.
(b) (e) The governing boards and the State Board of Education
shall provide any and all information requested by the commission
or and the council,
whether the request is made separately or
jointly, in an appropriate format and in a timely manner.
ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL
COLLEGE EDUCATION.
§18B-2B-3. West Virginia council for community and technical
college education; supervision of chancellor; chief
executive officer.
(a) There is continued the West Virginia council for community
and technical college education. The council has all the powers and
duties assigned by law to the joint commission for vocational-technical-occupational education prior to
the effective date of this
section July 1, 2001, and such other powers and duties
as may be
assigned by law.
(b) The council shall employ a chancellor for community and
technical college education. The chancellor serves as chief
executive officer of the council at the will and pleasure of the
council. The chancellor shall be compensated at a level set by the
council not to exceed eighty percent of the
annual salary of the
chancellor for higher education average annual salary of chief
executive officers of the state systems of higher education in the
states that comprise the membership of the Southern Regional
Education Board.
(1) The vice chancellor for community and technical college
education and workforce development, as the current chief executive
officer of the council, shall continue in such capacity upon the
effective date of this section, and shall be the chancellor for
community and technical college education.
(A) The council shall conduct a written performance evaluation
of the chancellor one year after the effective date of this section.
The council shall report the results of the evaluation to the
Legislative Oversight commission on education accountability during
the legislative interim meeting period following the evaluation.
(B) After reviewing the evaluation, the council shall make a determination by vote of its members on continuing employment and
compensation level for the chancellor.
(C) After the initial contract period, (c) The council shall
conduct written performance evaluations of the chancellor annually
and may offer the chancellor a contract
of longer term, but not to
exceed three years. At the end of each contract period, the council
shall review the evaluations and make a determination by vote of its
members on continuing employment and level of compensation.
(D) (d) When a vacancy occurs in the position of chancellor,
the council shall enter into an initial employment contract for one
year with the candidate selected to fill the vacancy. At the end
of the initial period,
and each contract period thereafter, the
council shall
make a determination by vote of its members on
continuing employment and compensation level for the chancellor and
shall continue thereafter as set forth in paragraph (C) of this
subdivision review the evaluations and make a determination by vote
of its members on continuing employment and compensation level for
the chancellor.
(2) (e) The
individual who was serving as Vice Chancellor for
Community and Technical College Education and Workforce Development
and who became chancellor effective March 13, 2004, maintains all
benefits of employment held, accrued and afforded as the Vice
Chancellor for Community and Technical College Education and Workforce Development
prior to March 13, 2004, Such These benefits
include, but are not limited to, retirement benefits, continued
membership in the same retirement system,
any insurance coverage and
sick and annual leave. For the purposes of leave conversion
established in section thirteen, article sixteen, chapter five of
this code, the chancellor is not a new employee and the prohibition
on conversion does not apply if the chancellor was eligible for
leave conversion while serving as vice chancellor.
on the day
preceding the effective date of this section. On the effective date
of this section for the purpose of section thirteen, article
sixteen, chapter five of this code, the chancellor:
(A) Maintains all sick and annual leave accrued, and all rights
to convert the leave that had been accrued as vice chancellor; and
(B) Continues to maintain his or her status for eligibility
under the provisions and application of said section as applied
while serving as vice chancellor on the day preceding the effective
date of this section.
ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH, DOCTORAL-
GRANTING PUBLIC UNIVERSITIES.
§18B-3-1. Legislative findings, purpose; intent; definition.
(a) The Legislature finds that an effective and efficient
system of doctoral-level education is vital to providing for the
economic well-being of the citizens of West Virginia and for accomplishing established state goals and objectives. As the only
research and doctoral-granting public universities in the state,
Marshall University and West Virginia University are major assets
to the citizens of West Virginia and must be an integral part of any
plan to strengthen and expand the economy.
(b) The Legislature further finds that these two institutions
must compete in both a national and global environment that is
rapidly changing, while they continue to provide high quality
education that is both affordable and accessible and remain
accountable to the people of West Virginia for the most efficient
and effective use of scarce resources.
(c) The Legislature further finds that Marshall University and
West Virginia University, under the direction of their respective
governing boards,
have sufficient staff and internal expertise to
may manage operational governance of their institutions in an
efficient and accountable manner and
can may best fulfill their
public missions when their governing boards are given flexibility
and autonomy sufficient to meet state goals established in this
article and in section one-a, article one
and article one-d of this
chapter.
(d) Therefore, the purposes of this article include, but are
not limited to, the following:
(1) Enhancing the competitive position of Marshall University and West Virginia University in the current environment for research
and development;
(2) Providing the governing boards of these institutions with
operational flexibility and autonomy
in certain areas, including
tools to promote economic development in West Virginia;
(3) Encouraging the development of research expertise in areas
directly beneficial to the state; and
(4) Focusing the attention and resources of the governing
boards on state goals and priorities to enhance the competitive
position of the state and the economic, social and cultural well-
being of its citizens.
(e) The following terms wherever used or referred to in this
chapter have the following meaning, unless a different meaning
plainly appears from the context:
(1) "State institution of higher education known as Marshall
University" means the doctoral-granting research institution and
does not include Marshall Community and Technical College; and
(2) "State institution of higher education known as West
Virginia University" means the doctoral-granting research
institution. and does not include any of the following:
(A) The regional campus known as West Virginia University
Institute of Technology;
(B) The administratively linked institution known as the Community and Technical College at West Virginia University
Institute of Technology; and
(C) The regional campus known as West Virginia University at
Parkersburg.
(f) (e) The governing boards of Marshall University and West
Virginia University each have the power and the obligation to
perform functions, tasks and duties as prescribed by law,
subject
to rules promulgated by the commission and approved in accordance
with authority granted by law, and to exercise their authority and
carry out their responsibilities in a manner that is consistent with
and not in conflict with the powers and duties assigned by law to
the
West Virginia council
for Community and Technical College
Education and the
Higher Education Policy commission.
(g) (f) While the governing boards of Marshall University and
West Virginia University, respectively, may choose to delegate
powers and duties to
the their respective presidents
of the state
institutions of higher education known as Marshall University and
West Virginia University pursuant to subsection (s), section four,
article two-a of this chapter, ultimately, it is they who are
accountable to the Legislature, the Governor and the citizens of
West Virginia for meeting the established state goals set forth in
this article,
and in section one-a, article one
and article one-d
of this chapter
. Therefore, it is the intent of the Legislature that grants of operational flexibility and autonomy be are made
directly to the governing boards and are not grants of operational
flexibility and autonomy to the presidents of these institutions.
§18B-3-3. Relationship of governing boards to the commission and
the council.
(a) Relationship between the commission and the governing
boards. --
(1) The commission functions as a state-level coordinating
board exercising its powers and duties in relation to the governing
boards of Marshall University and West Virginia University only as
specifically prescribed by law;
(2) The primary responsibility of the commission is to work
collaboratively with the governing boards to research, develop and
propose policy that will achieve the established goals and
objectives set forth in this chapter and chapter eighteen-c of this
code; and
(3) The commission has specific responsibilities powers and
duties which include, but are not limited to, the following:
(A) Advocating for public higher education at the state level;
and
(B) Jointly with the council, implementing the classification
and compensation system established by articles seven, eight, nine
and nine-a of this chapter; and
(B) (C) Collecting and analyzing data, researching, developing
recommendations, and advising the Legislature and the Governor on
broad policy initiatives, use of incentive funding, national and
regional trends in higher education and issues of resource
allocation involving multiple governing boards. and
(b) Relationship between the council and the governing boards.
--
(1) The council maintains all powers and duties assigned to it
by law or policy rule relating to the institution known as Marshall
Mountwest Community and Technical College, the institution known as
The Bridgemont Community and Technical College at West Virginia
University Institute of Technology and the institution known as West
Virginia University at Parkersburg;
(2) The council functions as a coordinating board for the
institutions under its jurisdiction which make up the statewide
network of independently-accredited community and technical
colleges. In addition to recognizing the authority assigned by law
to the council and abiding by rules duly promulgated by the council
relating to the community and technical colleges, it is the
responsibility of the governing boards of Marshall University and
West Virginia University to shall exercise their authority and carry
out their responsibilities in a manner that is consistent with and
complementary to the powers and duties assigned by law or policy rule to the community and technical colleges or to the council;
(c) The governing boards shall work collaboratively with the
commission, the council and their staff to provide any and all
information requested by the commission or the council in an
appropriate format and in a timely manner.
§
18B-3C-7a. Bridgemont Community and Technical College; Kanawha
Valley Community and Technical College; Mountwest
Community and Technical College.
(a)
The Community and Technical College at West Virginia
University Institute of Technology is hereafter named "Bridgemont
Community and Technical College". Any reference in this code to the
Community and Technical College at West Virginia University
Institute of Technology means Bridgemont Community and Technical
College.
(b) Marshall Community and Technical College is hereafter named
"Mountwest Community and Technical College". Any reference in this
code to Marshall Community and Technical College means Mountwest
Community and Technical College.
(c) West Virginia State Community and Technical College is
hereafter named "Kanawha Valley Community and Technical College".
Any reference in this code to West Virginia State Community and
Technical College means Kanawha Valley Community and Technical
College.
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-1. Employment of chancellors; designation of staff;
offices.
(a) The council and commission each shall employ a chancellor
to assist in the performance of their respective duties and
responsibilities subject to the following conditions:
(1) Each chancellor serves at the will and pleasure of the
hiring body.
(2) Neither chancellor may hold or retain any other
administrative position within the system of higher education while
employed as chancellor.
(3) Each chancellor is responsible for carrying shall carry out
the directives of the body by whom employed and shall work with that
body in developing policy options.
(4) The commission is responsible to the council and the
Chancellor for Community and Technical College Education for
providing services in areas essential to exercising the powers and
duties assigned to the council by law. The commission may not
charge the council any fee for the provision of these essential
services. The service areas include, but are not limited to, legal
services, research, technology, computing, finance and facilities,
academic affairs, telecommunications, human resources, student
services and any other general areas the council considers to be essential to the exercise of its legal authority. The services are
provided under the general supervision of the Vice Chancellor for
Administration.
(5) For the purpose of developing or evaluating policy options,
the chancellors may request the assistance of the presidents and
staff of the institutions under their respective jurisdictions.
(b) In addition to the staff positions designated in
subdivision (4), subsection (a) of this section, the Vice Chancellor
for Administration, employed pursuant to section two of this
article, serves the offices of the chancellors to discharge jointly
the duties and responsibilities of the council and commission.
(c) The Vice Chancellor for Health Sciences shall coordinate
the West Virginia University School of Medicine, the Marshall
University School of Medicine and the West Virginia School of
Osteopathic Medicine.
(d) Suitable offices for the Vice Chancellor of for
Administration, the Associate Vice Chancellor for Human Resources
and other staff shall be provided in Charleston.
§18B-4-2a. Employment of associate vice chancellor for human
resources; powers and duties generally; staff;
office.
(a) By and with the advice and consent of the chancellor for
community and technical college education, the commission shall employ an Associate Vice Chancellor for Human Resources who may not
be dismissed without the consent of the council:
(1) The position shall be filled on a permanent basis no later
than August 1, 2010; and
(2) Any vacancy occurring in this position shall be filled in
accordance with this section.
(b) The successful candidate for the position of associate vice
chancellor shall possess the following minimum qualifications:
(1) A master's degree in human resources or a related field;
(2) Fifteen years professional level human resources experience
with at least seven years in a management-level capacity and at
least five years management-level experience in higher education;
(3) Thorough knowledge of employment laws and regulations,
recruiting and selection techniques, employee relations techniques
and methodologies, legal reporting and compliance requirements; and
(4) Excellent computer, management and organizational skills.
(c) The Associate Vice Chancellor in consultation with and
under the direction of the Vice Chancellor for Administration and
the chancellors, performs functions, tasks and responsibilities
necessary to carry out the policy directives of the council and
commission and any other duties prescribed by law. The Associate
Vice Chancellor oversees and monitors all issues related to the
personnel system for higher education employees and provides technical support to organizations as directed or requested on all
issues related to the design, development, implementation and
administration of the personnel system established by this chapter
and by duly promulgated rules.
(d) The Associate Vice Chancellor supervises the Director of
Classification, Compensation and Human Resources Information Systems
and the Director of Training and Development, as well as
professional, administrative, clerical and other employees necessary
to carry out assigned powers and duties. In consultation with the
Vice Chancellor for Administration and the chancellors, the
Associate Vice Chancellor shall delineate staff responsibilities as
considered desirable and appropriate.
(e) The Associate Vice Chancellor provides support to the
chancellors and organizations on a highly diverse range of issues
including assisting them to develop a culture of constant
improvement in a rapidly changing, complex market. Duties of the
position include, but are not limited to, the following:
(1) Developing and implementing business-related initiatives
involving organizational design, labor cost management, executive
recruitment and compensation, leadership and management development,
human resources data and technology, and compensation and benefits
programs;
(2) Chairing the Job Classification Committee and the Compensation Planning and Review Committee established by sections
four, and five, article nine-a of this chapter.
(3) Supervising the work of the Director of Classification,
Compensation and Human Resources Information Systems who has the
following duties:
(A) Assuming responsibility for all compensation and benefits
programs for all employees, including designing these programs, and
for supporting each higher education organization in implementing
the programs;
(B) Maintaining consistent human resources information systems
and selecting and supervising benefits consultants, brokers,
trustees and necessary legal assistants;
(C) Maintaining the classification system by providing for
regular review of jobs to determine whether the current job
description accurately reflects the duties and responsibilities and
whether the job is properly classified or needs to be modified or
deleted. Every job shall be reviewed at least once within each
five-year period; and
(D) Ensuring that market comparison studies are conducted for
each class of employees and providing a report annually to each
organization on the status of relative market equity among the
employee classifications.
(4) Supervising the work of the Director of Training and Development whose duties include, but are not limited to, the
following:
(A) Analyzing and determining training needs of organization
employees and formulating and developing plans, procedures and
programs to meet specific training needs and problems. Successful
completion of these tasks requires the director to work closely with
and communicate regularly with the training and development
coordinators employed by each organization;
(B) Developing, constructing, maintaining and revising training
manuals and training aids or supervising development of these
materials by outside suppliers;
(C) Planning, conducting, and coordinating management
inventories, appraisals, placement, counseling and training;
(D) Coordinating participation by all employees in training
programs developed internally or provided by outside contractors;
and
(E) Administering and analyzing an annual training and
development needs survey. The survey may coincide with the
completion of the annual performance review process.
(5) Conducting performance reviews of personnel who administer
human resources functions at each organization in relation to best
practices pursuant to articles seven, eight, nine and nine-a of this
chapter and rules of the commission and council. Human resources personnel at each organization shall be evaluated at least once
within each three-year period. In consultation with the Associate
Vice Chancellor, the Director of Training and Development shall
analyze the results of these evaluations and target training and
professional development to identified areas of deficiency.
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-1. Legislative intent and purpose.
(a) The intent of the Legislature in enacting this article and
articles eight, nine and nine-a of this chapter is to establish a
state-wide, integrated human resources structure capable of, but not
limited to, meeting the following objectives:
(1) Providing benefits to the citizens of the State of West
Virginia by supporting the public policy agenda as articulated by
state policy makers;
(2) Assuring fiscal responsibility by making the best use of
scarce resources;
(3) Promoting fairness, accountability, credibility,
transparency and a systematic approach to progress (FACTS) in
personnel decision-making;
(4) Reducing, or, wherever possible, eliminating arbitrary and
capricious decisions affecting higher education employees;
(5) Creating a stable, self-regulating human resources system
capable of evolving to meet changing needs;
(6) Providing for institutional flexibility with meaningful
accountability;
(7) Adhering to federal and state laws;
(8) Adhering to duly promulgated rules; and
(9) Implementing best practices throughout the state higher
education system.
(b) To accomplish these goals, the Legislature encourages
organizations to pursue a human resources strategy which provides
monetary and nonmonetary returns to employees in exchange for their
providing their time, talents and efforts to meet articulated goals,
objectives and priorities of the state, the commission and council,
and the organization. The system should maximize the recruitment,
motivation and retention of highly qualified employees. ensure
satisfaction and engagement of employees with their jobs, ensure job
performance and achieve desired results.
§18B-7-2. Definitions.
For the purposes of this article and articles eight, nine and
nine-a of this chapter, the following words have the meanings
ascribed to them unless the context clearly indicates a different
meaning:
(a) "Benefits" means programs that an employer uses to
supplement the cash compensation of employees and includes health
and welfare plans, retirement plans, pay for time not worked and other employee perquisites.
(b) "Compensation" means cash provided by an employer to an
employee for services rendered.
(c) "Compensatory time" and "compensatory time off" mean hours
during which the employee is not working, which are not counted as
hours worked during the applicable work week or other work period
for purposes of overtime compensation and for which the employee is
compensated at the employee's regular rate of pay.
(d) "Employee classification" or "employee class" means those
employees designated as classified employees; nonclassified
employees, including presidents, chief executives and top level
administrators and faculty as these terms are defined in this
article and articles eight, nine and nine-a of this chapter.
(e) "Health and welfare benefit plan" means an arrangement
which provides any of the following: Medical, dental, visual,
psychiatric or long-term health care, life insurance, accidental
death or dismemberment benefits, disability benefits or comparable
benefits.
(f) "Relative market equity" means the relative market status
of each employee classification at an organization falls within five
percent of all other employee classifications within the
organization for the preceding three-year period.
(g) "Relative market status" means the calculated relationship between the average salary of each employee classification and its
peer group.
§18B-7-3. Seniority for full-time classified personnel; seniority
to be observed in reducing workforce; preferred recall
list; renewal of listing; notice of vacancies.
(a) Definitions for terms used in this section have the
meanings ascribed to them in section two, article one of this
chapter and section two, article nine of this chapter, except that,
unless clearly noted otherwise, this section applies only to an
employee:
(1) Who is classified and whose employment, if continued,
accumulates to a minimum total of one thousand forty hours during
a calendar year and extends over at least nine months of a calendar
year; or
(2) Who is transferred involuntarily to a position in
nonclassified status for which he or she did not apply. Any
classified employee involuntarily transferred to a position in
nonclassified status may only exercise the rights set out in this
section for positions equivalent to or lower than the last job class
the employee held.
(b) All decisions by an organization or its agents concerning
reductions in workforce of full-time classified employees, whether
by temporary furlough or permanent termination, shall be made in accordance with this section.
(A) For layoffs by classification for reason of lack of funds
or work, or abolition of position or material changes in duties or
organization and for recall of employees laid off, consideration
shall be given to an employee's seniority as measured by permanent
employment in the service of the state system of higher education.
(B) If the organization desires to lay off a more senior
employee, it shall demonstrate that the senior employee cannot
perform any other job duties held by less senior employees of that
organization in the same job class or any other equivalent or lower
job class for which the senior employee is qualified. If an employee
refuses to accept a position in a lower job class, the employee
retains all rights of recall provided in this section.
(C) If two or more employees accumulate identical seniority,
the priority is determined by a random selection system established
by the employees and approved by the organization.
(c) Each employee laid off during a furlough or reduction in
workforce is placed upon a preferred recall list and is recalled to
employment by the organization on the basis of seniority.
(A) An employee's listing with an organization remains active
for a period of one calendar year from the date of termination or
furlough or from the date of the most recent renewal. If an employee
fails to renew the listing with the organization, the employee's name may be removed from the list.
(B) An employee placed upon the preferred recall list shall be
recalled to any position opening by the organization within the
classifications in which the employee had previously been employed
or to any lateral position for which the employee is qualified.
(C) An employee on the preferred recall list does not forfeit
the right to recall by the organization if compelling reasons
require the employee to refuse an offer of reemployment by the
organization.
(c) The organization shall notify all employees maintaining
active listings on the preferred recall list of all position
openings that periodically exist.
(1) The notice shall be sent by certified mail to the last
known address of the employee. It is the duty of each employee
listed to notify the organization of any change in address and to
keep the listing with the organization current.
(2) A position opening may not be filled by the organization,
whether temporary or permanent, until all employees on the preferred
recall list have been properly notified of existing vacancies and
have been given an opportunity to accept reemployment.
(d) A nonexempt classified employee is one to whom the
provisions of the federal Fair Labor Standards Act, as amended,
apply. A nonexempt classified employee, who applies and meets the minimum qualifications for a nonexempt job opening at the
organization where currently employed, whether the job is a lateral
transfer or a promotion, shall be transferred or promoted before a
new person is hired.
(1) This subsection does not apply if the hiring is affected
by mandates in affirmative action plans or the requirements of
Public Law 101-336, the Americans with Disabilities Act.
(2) This subsection applies to any nonexempt classified
employee, including one who has not accumulated a minimum total of
one thousand forty hours during the calendar year and one whose
contract does not extend over at least nine months of a calendar
year.
(3) If more than one qualified, nonexempt classified employee
applies, the best-qualified nonexempt classified employee is awarded
the position. In instances where the classified employees are
equally qualified, the nonexempt classified employee with the
greatest amount of continuous seniority at that organization is
awarded the position.
(e) In addition to any other information required, applications
for employment by a personnel governed by this section shall include
each applicant's social security number.
(f) Regardless of the level of seniority for an employee, for
the purposes of this section in the case of a reduction in force:
(1) An employee at an organization under the jurisdiction of
the council may not displace an employee of an organization under
the jurisdiction of the commission.
(2) An employee at an organization under the jurisdiction of
the commission may not displace an employee of an organization under
the jurisdiction of the council.
(3) An employee performing a dual service for a formerly
administratively linked community and technical college and a former
sponsoring institution under the jurisdiction of the commission is
an employee of the institution under the jurisdiction of the
commission if that institution receives a fee from the community and
technical college for the service performed by the employee.
§18B-7-4. Supplemental health and welfare benefit plans.
(a) An organization may contract for supplemental health and
welfare benefit plans for any or all of its employees in addition
to the benefits the employees otherwise receive.
(b) An organization may make additional periodic deductions
from the salary payments due employees in the amount they are
required to contribute for any supplemental health and welfare plan.
§18B-7-5. Supplemental and additional retirement plans for
employees; payroll deductions; authority to match
employee contributions; retroactive curative and
technical corrective action.
(a) Any reference in this code to the "additional retirement
plan" relating to state higher education employees means the "higher
education retirement plan" provided in this section. Any state
higher education employee participating in a retirement plan upon
the effective date of this section shall continue to participate in
that plan and may not elect to be governed by the provisions of law
applicable on the effective date of this section.
(b) The commission, on behalf of the council, governing boards
and itself, shall contract for a retirement plan for their
employees, to be known as the "Higher Education Retirement Plan".
The commission, council and governing boards shall make periodic
deductions from the salary payments due employees in the amount they
are required to contribute to the Higher Education Retirement Plan,
which deductions shall be six percent.
(c) The commission, council and governing boards may contract
for supplemental retirement plans for any or all of their employees
to supplement the benefits employees otherwise receive. The
commission, council and governing boards may make additional
periodic deductions from the salary payments due the employees in
the amount they are required to contribute for the supplemental
retirement plan.
(d) An organization, by way of additional compensation to their
employees, shall pay an amount, which, at a minimum, equals the contributions of the employees into the higher education retirement
plan from funds appropriated to the commission, council or governing
board for personal services.
(e) As part of an overall compensation plan, the commission,
council or a governing board, each at its sole discretion, may
increase its contributions to any employee retirement plan to an
amount that exceeds the contributions of employees.
(f) Each participating employee has a full and immediate vested
interest in the retirement and death benefits accrued from all the
moneys paid into the Higher Education Retirement Plan or a
supplemental retirement plan for his or her benefit. Upon proper
requisition of a governing board, the commission or council, the
auditor periodically shall issue a warrant, payable as specified in
the requisition, for the total contributions so withheld from the
salaries of all participating employees and for the matching funds
of the commission, council or governing board.
(g) Any person whose employment commences on or after July 1,
1991, and who is eligible to participate in the Higher Education
Retirement Plan, shall participate in that plan and is not eligible
to participate in any other state retirement system: Provided, That
the foregoing provision does not apply to a person designated as a
21st Century Learner Fellow pursuant to section eleven, article
three, chapter eighteen-a of this code. The additional retirement plan contracted for by the governing boards prior to July 1, 1991,
remains in effect unless changed by the commission. Nothing in this
section considers employees of the council or governing boards as
employees of the commission, nor is the commission responsible or
liable for retirement benefits contracted by, or on behalf of, the
council or governing boards.
§18B-7-6. Continuing education and professional development.
(a) Each higher education organization shall establish and
operate an employee continuing education and development program
under a joint rule or rules promulgated by the commission and
council in accordance with article three-a, chapter twenty-nine-a
of this code. Funds allocated or made available for employee
continuing education and development may be used to compensate and
pay expenses for faculty or classified employees pursuing additional
academic study or training to equip themselves better for their
duties.
The rules shall encourage continuing education and staff
development and shall require that employees be selected on a
nonpartisan basis using fair and meaningful criteria which afford
all employees opportunities to enhance their skills. These rules
also may include reasonable provisions for the continuation or
return of any faculty or classified employee receiving the benefits
of the education or training, or for reimbursement by the state for expenditures incurred on behalf of the faculty member or classified
employee.
(b) The commission and council shall provide additional,
regular, training and professional development for employees engaged
in human resources-related activities at all organizations beyond
training and professional development. The training and
professional development:
(1) Shall be mandatory; and
(2) Shall be in addition to and may not supplant the training
and professional development regularly provided to any class of
employees by each organization prior to the effective date of this
section.
§18B-7-7. Employment practices.
(a) Each governing board, with the advice and assistance of the
staff council, shall promulgate and adopt a rule regarding the role
of part-time classified employees. The rule shall discourage the
hiring of part-time employees solely to avoid the payment of
benefits or in lieu of full-time employees and shall provide all
qualified classified employees who hold nine-month or ten-month
contracts with the opportunity to accept part-time or full-time
summer employment before new persons are hired for the part-time or
full-time employment.
(b) Each governing board, with the advice and assistance of the staff councils and other groups representing classified
employees, shall promulgate and adopt a rule in accordance with
section six, article one, chapter eighteen-b of this code that
discourages temporary, nonemergency, institutionally-imposed changes
in an employee's work schedule; that maintains reasonable continuity
in working schedules and conditions for employees; and that requires
institutions to consider feasible and innovative ways to use the
institution's classified employees most efficiently, such
innovations may include, but are not limited to, flexibility in
employee scheduling, job-sharing and four-day work weeks.
§18B-7-8. Reporting.
(a) Quarterly implementation reports. --
For the fiscal years commencing on July 1, 2010, and July 1,
2011, the commission and council jointly shall report to the Select
Committee on Higher Education Personnel or to the Legislative
Oversight Commission on Education Accountability once during each
quarter on their progress in designing, developing, implementing and
administering the personnel classification and compensation system
established by this article and articles eight, nine and nine-a of
this chapter. The initial quarterly report is due December 1, 2010,
and shall include, but is not limited to, the following information:
(1) A summary of findings generated by the human resources
audit conducted pursuant to section nine of this article;
(2) Documentation of professional staffing changes made in
compliance with section two-a, article four of this chapter;
(3) A systematic plan, including a time line, for designing,
developing, and implementing the classification and compensation
system contained in this article and articles eight, nine and nine-a
of this chapter;
(4) An explanation of the research design and time line for
completing studies identified in section sixteen of this article;
(5) An assessment of progress made by the governing boards
toward achieving full funding of the temporary classified employees'
salary schedule pursuant to section three, article nine of this
chapter;
(6) Detailed data disaggregated by organization and employee
category or classification, comparing funding for salaries of
faculty, classified employees and nonclassified employees as a
percentage of the average funding for each of these classes or
categories of employees among the organization's peers, in regional
or national markets, as appropriate, and among similar organizations
within the state systems of public higher education;
and
(7) Other data requested by the Legislature or considered
appropriate by the commission or council.
(b) Annual personnel reports. --
(1) No later than December 1, 2012, and annually thereafter,
the commission and council shall report to the Legislative Oversight
Commission on Education Accountability addressing the following
issues:
(A) Progress made by organizations toward achieving full
funding of the temporary classified employees' salary schedule
pursuant to section three, article nine of this chapter; and
(B) Detailed data disaggregated by organization and employee
category or classification, comparing funding for salaries of
faculty, classified employees and nonclassified employees as a
percentage of the average funding for each of these classes or
categories of employees among the organization's peers, in the
state, region or national markets, as appropriate, and among similar
organizations within the state systems of public higher education.
(2) The commission and council shall prepare a human resources
report card summarizing the performance of organizations on key
human resources measures. The report card shall be presented to the
Legislative Oversight Commission on Education Accountability no
later than December 1, 2011, and annually thereafter, and shall be
made available to the general public. At a minimum, the human
resources report card shall contain the following data:
(A) Human resources department metrics by organization:
(i) Number of human resources staff;
(ii) Ratio of human resources staff to total number of full-
time equivalent employees;
(iii) Percentage of human resources staff functioning in
supervisory roles and percentage in administrative roles;
(iv) Number of positions reporting to the head of human
resources;
(v) Areas of human resources functions outsourced to external
entities;
(vi) Total expenses per full-time equivalent employee;
(vii) Tuition revenue per full-time equivalent employee.
(B) Human resources expense data:
(i) Ratio of human resources expenses to operating expenses;
(ii) Ratio of human resources expenses to number of full-time
equivalent employees; and
(iii) Total human resources expense per organization employee.
(C) Compensation data:
(i) Average amount of annual salary increase per full-time
equivalent organization employee;
(ii) Total amount of organization employee salaries as a
percent of operating expenses;
(iii) Total amount of organization employee benefit costs as
a percent of cash compensation.
(D) System metrics:
(i) Comparisons of faculty salaries at each organization to
market averages;
(ii) Comparisons of classified and nonclassified employee
salaries at each organization to current market averages;
(E) An account of the total amount, type of training or
professional development provided, the number of employees who
participated and the overall cost of the training and professional
development provided to employees pursuant to section six of this
article; and
(F) Other measures the commission or council considers
appropriate to assist policymakers in evaluating the degree of
success in implementing best human resources practices by higher
education organizations.
(c) Job classification system report. --
(1) By July 1, 2013, and at least once within each five-year
period thereafter, the commission and council jointly shall review
the effectiveness of the system for classifying jobs and submit an
in-depth report to the Legislative Oversight Commission on Education
Accountability. The report shall include, but is not limited to,
findings, recommendations and supporting documentation regarding the
following job classification issues:
(A) The effectiveness of the point factor methodology and a
determination of whether it should be maintained; and
(B) The status of the job evaluation plan, including the
factors used to classify jobs or their relative values, and a
determination of whether the plan should be adjusted.
(d) It is the responsibility of the head of human resources for
each organization to prepare and submit to the president or chief
executive officer all human resources data requested by the
commission and council. The president or executive officer of each
organization shall submit the requested data at times established
by the commission and council.
(d) In meeting reporting requirements established by this
article and articles eight, nine and nine-a of this chapter:
(1) The commission and council shall use the most recent data
available and, as appropriate, shall benchmark it against national
and regional markets or peer data; and
(2) With the exception of the quarterly implementation reports,
the annual human resources report card and any other report
designated as due no later than a date certain, the commission and
council may combine two or more personnel reports if the dates on
which they are due to the Legislature fall within a sixty-day
period.
§18B-7-9. Human resources audits.
(a) The commission and council jointly shall contract for an
initial human resources audit of each organization to be carried out by an external vendor possessing experience and expertise in
conducting these audits. The initial audit shall be completed by
October 1, 2010, and shall be designed to compare current human
resources practices at each organization to best practices, to
identify areas of strength or deficiency, to identify functions that
should be the responsibility of human resources department, but are
incorrectly assigned or carried out by other offices within each
organization; to assist in targeting employee training and
development, to determine the degree to which organizations are
adhering to state and federal laws and to provide data necessary to
guide policy makers in developing personnel rules and implementing
the classification and compensation system.
(b) Following completion of the initial human resources audit,
the commission and council jointly shall conduct a systematic human
resources audit of each organization at least once within each five-
year period.
(1) The audit shall focus on correcting areas of deficiency
identified by previous audits, on compliance with statutory mandates
contained in this article and articles eight, nine and nine-a of
this chapter and on adherence to personnel rules of the commission
and council.
(2) In the absence of special circumstances, the commission and
council shall provide organizations with reasonable notice prior to conducting a human resources audit and shall identify the subjects
to be examined in the audit.
§18B-7-10. Compensatory time off in lieu of overtime; written
agreement; other conditions.
(a) Notwithstanding any provision of this code to the contrary,
in lieu of overtime compensation, employees of higher education
organizations may receive compensatory time off at a rate not less
than one and one-half hours for each hour of employment. Employees
may receive compensatory time only under the following conditions:
(1) The time is awarded pursuant to a written agreement between
the employer and the employee arrived at before the work is
performed. A written agreement may be modified at the request of
the employer or employee, but under no circumstances may changes in
the agreement deny an employee compensatory time already acquired;
(2) The time is recorded in the employer's record of hours
worked; and
(3) The employee has not accrued compensatory time in excess
of the prescribed limits.
(b) An employee may accrue up to four hundred eighty hours of
compensatory time if the employee's work is a public safety
activity, an emergency response activity or a seasonal activity.
An employee engaged in other work may accrue up to two hundred forty
hours of compensatory time. An employee who has accrued four hundred eighty or two hundred forty hours of compensatory time, as
the case may be, shall be paid overtime compensation for additional
hours of work. If compensation is paid to an employee for accrued
compensatory time, the compensation shall be paid at the regular
rate earned by the employee at the time the employee received the
payment.
(c) If employment is terminated, an employee who has accrued
compensatory time pursuant to this section, shall be paid for the
unused compensatory time at a rate of compensation not less than the
higher amount calculated using one of the following formulas:
(1) The average regular rate received by the employee during
the first three years of the employee's employment; or
(2) The final regular rate received by the employee.
(d) An employee who has accrued compensatory time as authorized
by this section, and who has requested the use of compensatory time,
shall be permitted by the employer to use this time within a
reasonable period after making the request if the use of the
compensatory time does not unduly disrupt the operation of the
employing agency. Compensatory time must be used within one year
from the time it is accrued.
§18B-7-11. Employees designated as nonclassified; limits; penalties;
reports required.
(a) Notwithstanding any provisions of this code to the contrary, the percentage of personnel placed in the category of
"nonclassified" at any higher education organization may not exceed
fifteen percent of the total number of classified and nonclassified
employees of that organization as those terms are defined in section
two, article nine-a of this chapter and who are eligible for
membership in a state retirement system of the State of West
Virginia or other retirement plan authorized by the state.
(b) A higher education organization which has more than fifteen
percent of its employees placed in the category of "nonclassified"
pursuant to subsection (a) of this section on July 1, 2010, shall
reduce the number to fifteen percent by July 1, 2011, except West
Virginia University and Marshall University shall reduce the number
to fifteen percent by July 1, 2012.
(c) Under the supervision of the Vice Chancellor for
Administration, the Associate Vice Chancellor for Human Resources
shall monitor the progress of the organizations in meeting the
deadlines established in this section and shall make a preliminary
compliance report to the Legislative Oversight Commission on
Education Accountability by September 1, 2011, and a final report on
organization compliance to that body by September 1, 2012.
§18B-7-12. Additional employment by mutual agreement; agreement to
be filed with governing board.
In accordance with duly promulgated rules of the governing board and the commission or council, as appropriate, the president
or chief executive officer of an organization, or his or her
designated representative, and a classified employee at the
organization may agree mutually on duties to be performed by the
employee in addition to those duties listed in the job description.
The written agreement shall describe the additional duties to be
performed, the length of time the agreement shall be in force and
the additional compensation to be paid. These terms and conditions
shall be agreed upon by the president or chief executive officer and
the classified employee and shall be signed by both parties to the
agreement and filed with the appropriate governing board.
§18B-7-13. Probationary employment period; evaluation.
Each full-time classified employee hired by an organization
shall serve an initial probationary period of six months. At the
end of the probationary period, the employee shall receive a written
evaluation of his or her performance. The employee's supervisor
shall meet with the employee and explain the contents of the
evaluation and whether the employee is being offered regular
employment.
§18B-7-14. Higher education employees' catastrophic leave bank and
leave transfer.
(a) For the purposes of this section, "employee" means:
(1) A classified or nonclassified employee who is employed by a higher education governing board, by the commission or the
council; or
(2) A faculty member, as defined in section one, article eight
of this chapter, who is eligible to accrue sick leave.
(b) An employee may donate sick and annual leave to a leave
bank established and operated in accordance with subsection (d) of
this section or directly to another employee in accordance with
subsection (e) of this section. No employee may be compelled to
donate sick or annual leave. Any leave donated by an employee
pursuant to this section shall be used only for the purpose of
catastrophic illness or injury as defined in subsection (c) of this
section and shall reduce, to the extent of such donation, the number
of days of annual or sick leave to which the employee is entitled.
(c) For the purpose of this section, a catastrophic illness or
injury is one that is expected to incapacitate the employee and
create a financial hardship because the employee has exhausted all
sick and annual leave and other paid time off. Catastrophic illness
or injury also includes an incapacitated immediate family member as
defined by a governing board, the commission or the council, as
appropriate, if this results in the employee being required to take
time off from work for an extended period of time to care for the
family member and if the employee has exhausted all sick and annual
leave and other paid time off.
(d) A leave bank or banks may be established at each state
institution of higher education, the commission or the council to
which employees may donate either sick or annual leave. The bank or
banks may be established jointly by the policy commission and the
governing boards or may be established for the commission, the
council, and each of the governing boards. Sick or annual leave may
be deposited in the leave bank, and shall be reflected as a day-for-
day deduction from the sick or annual leave balance of the
depositing employee.
Donated leave may be withdrawn by any employee experiencing a
catastrophic illness or injury when the following conditions are
met:
(1) The president of the institution or the chancellor of the
commission or the council, as appropriate, verifies that the
employee is unable to work due to the catastrophic illness or
injury; and
(2) The president of the institution or a chancellor, as
appropriate, approves the withdrawal and provides written notice to
the personnel office.
The withdrawal shall be reflected as a day-for-day addition to
the leave balance of the withdrawing employee.
(e) Sick or annual leave may be donated to an employee
experiencing a catastrophic illness or injury. The leave shall be donated at the request of the employee after appropriate
verification that the employee is unable to work due to the
catastrophic illness or injury as determined by the president of the
institution or the appropriate chancellor. When transfer of sick or
annual leave is approved by the president of the institution or the
appropriate chancellor, any employee may donate sick or annual leave
in one-day increments by providing written notice to the personnel
office. Donations shall be reflected as a day-for-day deduction
from the sick or annual leave balance of the donating employee. An
employee receiving the donated sick or annual leave shall have any
time which is donated credited to his or her account in one-day
increments and reflected as a day-for-day addition to the leave
balance of the receiving employee.
(f) Use of donated credits may not exceed a maximum of twelve
continuous calendar months for any one catastrophic illness or
injury.
(1) The total amount of sick or annual leave withdrawn or
received may not exceed an amount sufficient to ensure the
continuance of regular compensation and may not be used to extend
insurance coverage pursuant to section thirteen, article sixteen,
chapter five of this code.
(2) An employee withdrawing or receiving donations of sick or
annual leave pursuant to this section shall use any leave personally accrued on a monthly basis prior to receiving additional donated
sick or annual leave.
(g) Donated sick or annual leave deposited in an institutional
leave bank or transferred under subsection (d) of this section may
be inter-institutional in accordance with the policies of the
appropriate governing board. Each institution, the commission or
the council is responsible for the administration of the sick or
annual leave deposits, withdrawals and transfers of its employees.
Rules implementing the provisions of this section may be adopted
jointly or separately by the governing boards, the commission or the
council in accordance with section six, article one of this chapter
and, in the case of the commission and council, in accordance with
article three-a, chapter twenty-nine-a of this code.
§18B-7-15. Merit increases.
Higher education organizations may grant merit increases which
are in accordance with this article and articles eight, nine and
nine-a of this chapter and with duly promulgated rules of the
commission and council.
§18B-7-16. Study of employment practices.
(a) The commission and council shall study the following issues
relating to employment practices:
(1) Developing a fair and rational policy based upon best human
resources practices for covering reductions in force, furloughs and other issues relating to seniority including determining how
employees shall be treated whose salaries are derived from funds
other than state appropriations;
(2) Determining the advantages and disadvantages of maintaining
the internal preferences for hiring, promoting and transferring
classified employees;
(3) Collecting and analyzing data and developing
recommendations on the advantages and disadvantages of outsourcing
certain functions at the organization level. The data shall
include, but are not limited to, the following items:
(A) A current database of outsourcing practices followed by
each organization including procedures or rules developed to inform
policy decisions;
(B) The total number, disaggregated by organization, of
positions or services being outsourced or filled by temporary
employees;
(C) The amount of actual cost savings, if any, that are
realized or may be realized as a direct result of organizations'
outsourcing decisions.
(b) The commission and council shall complete the work and
report their findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate the
recommendations, to the Select Committee on Higher Education Personnel or the Legislative Oversight Commission on Education
Accountability no later than January 1, 2011.
ARTICLE 8. HIGHER EDUCATION FACULTY.
§18B-8-1. Definitions.
As used in this article:
(a) "Academic rank", "rank" or "faculty rank" means the
position held by a faculty member as determined by the president,
consistent with a rule promulgated and adopted by the governing
board, and includes the positions of professor, associate professor,
assistant professor and instructor. All other ranks are excluded
from the provisions of this article.
(b) "Salary" means the total nine-month or ten-month salary
paid from state funds to a full-time faculty member, or if the
employment period is other than nine or ten months, the total salary
adjusted to a nine-month base salary;
(c) "Full-time faculty" means a faculty member so designated by
the president, consistent with the duly promulgated and adopted rule
of the appropriate governing board, and those persons with faculty
rank who have research or administrative responsibilities.
§18B-8-2. Faculty salary rules; salary increase upon promotion in
rank.
(a) Each governing board shall promulgate and adopt a faculty
salary rule in accordance with section six, article one of this chapter which furthers the goals of attracting, retaining and
rewarding high quality faculty. Faculty salary increases shall be
distributed within each organization in accordance with the faculty
salary rule.
(b) The salary of a full-time faculty member may not be reduced
by the provisions of this article.
(c) The faculty salary rule shall pursue the following goals:
(1) The salary of each full-time faculty member within a
discipline group is competitive with those in similar disciplines at
peer institutions;
(2) Faculty are recognized for outstanding performance;
(3) Equity among salaries is maintained; and
(4) The faculty at each institution are effectively involved in
the administration of the faculty salary rule.
(d) Each faculty member shall receive a salary increase of ten
percent when he or she is promoted in rank.
§18B-8-3. Authority to grant sabbatical leave.
A governing board may grant sabbatical leaves to faculty
members at the state institution of higher education under its
jurisdiction for the purpose of permitting them to engage in
graduate study, research or other activities calculated to improve
their teaching ability. A governing board may grant a request for
sabbatical leave only in accordance with the uniform rule it has promulgated and adopted. A governing board may not adopt a rule
which provides for granting sabbatical leave to a faculty member who
has served fewer than six years at the institution where presently
employed, nor which provides for leave for more than one half the
contract period at full pay or for a full contract period at half
pay. A faculty member receiving a sabbatical leave is required to
return and serve the institution granting the leave for at least one
year or to repay to the institution the compensation received during
leave. A faculty member returning from leave shall be reinstated at
the academic rank held immediately prior to taking sabbatical leave
unless he or she is promoted to a higher rank and is entitled to the
salary and any salary increases appropriate to his or her rank and
years of experience. The compensation for a faculty member on
sabbatical leave is paid by the institution where employed from its
regular personal services appropriations.
§18B-8-4. Effect of leave of absence on academic tenure, rank, etc.
(a) Notwithstanding any provision of law to the contrary, a
tenured professional at a state institution of higher education who
is absent from duties at the institution to accept employment in a
nonelected governmental capacity is afforded the benefits of
academic tenure, rank and position as if he or she had remained
continuously in the position retained and held at the institution
immediately preceding the absence if the following conditions are met:
(1) The absence is approved by the president of the state
institution of higher education by which the professional is
employed;
(2) The leave of absence does not exceed two years; or
(3) If the leave of absence extends for more than two years,
the president requests approval from the governing board for the
absence in writing each year and the board approves each request up
to eight full years.
(b) An individual who remains in governmental employment with
leave granted in accordance with this section forfeits all rights to
academic tenure, rank and position formerly held at the employing
institution at the end of the eighth year of government employment.
§18B-8-5. Notice to probationary faculty members of retention or
nonretention; hearing.
(a) For the purposes of this section, "Probationary faculty
member" means the definition adopted in a joint rule promulgated by
the commission and council. The rights provided to probationary
faculty members by this section are in addition to, and not in lieu
of, other rights afforded to them by other rules and other
provisions of law.
(b) The president of each state institution of higher education
shall give written notice concerning retention or nonretention for the ensuing academic year to a probationary faculty member not later
than March 1.
(b) If a probationary faculty member who is not retained so
requests the president or his or her designee shall inform the
probationary faculty member by certified mail within ten days of the
reasons for nonretention. A probationary faculty member who desires
to appeal the decision may proceed to level three of the grievance
procedure established in article two, chapter six-c of this code.
If the administrative law judge decides that the reasons for
nonretention are arbitrary, capricious or without a factual basis,
the faculty member shall be retained for the ensuing academic year.
§18B-8-6. Faculty employment practices; campus administrators
required to teach or perform research.
Each governing board, with the advice and assistance of the
faculty senate, shall promulgate and adopt a rule in accordance with
section six, article one of this chapter addressing the following
issues:
(a) Defining an appropriate balance between full-time and
adjunct faculty members and the appropriate role of adjunct faculty;
and
(b) Requiring each administrator on each campus who holds
faculty rank to teach at least one course during each eighteen-month
employment period or to perform on-going research in lieu of teaching.
ARTICLE 9. TEMPORARY CLASSIFIED EMPLOYEE SALARY SCHEDULE;
CLASSIFICATION AND COMPENSATION SYSTEM.
§18B-9-1. Legislative purpose and intent.
(a) The purpose of the Legislature in enacting this article is
to require the commission and council jointly to implement, control,
supervise and manage a complete, uniform system of personnel
classification and compensation in accordance with the provisions of
this article for classified employees at higher education
organizations as defined in section two, article nine-a of this
chapter.
(b) It is the intent of the Legislature to require each higher
education organization to achieve full funding of the salary
schedule established in section three of this article. A higher
education organization is subject to the provisions of this article
until full funding is reached.
(c) It is further the intent of the Legislature to encourage
strongly that each organization dedicate a portion of future tuition
increases to fund the classified salary schedule and, after full
funding of the salary schedule is achieved, to move toward meeting
salary goals for faculty, classified and nonclassified employees.
§18B-9-2. Definitions.
The following words have the meanings ascribed to them unless the context clearly indicates a different meaning:
(a) "Classified employee" or "employee" means a regular full-
time or regular part-time employee of an organization who holds a
position that is assigned a particular job title and pay grade in
accordance with the personnel classification and compensation system
established by this article or by the commission and council;
(b) "Job description" means the specific listing of duties and
responsibilities as determined by the appropriate governing board,
the commission or council and associated with a particular job
title;
(c) "Job title" means the name of the position or job as
defined by the commission and council;
(d) "Pay grade" means the number assigned by the commission and
council to a particular job title and refers to the vertical column
heading of the salary schedule established in section three of this
article;
(e) "Personnel classification system" means the process of job
categorization adopted by the commission and council jointly by
which job title, job description, pay grade and placement on the
salary schedule are determined;
(f) "Salary" means the amount of compensation paid through the
State Treasury per annum to an organization employee;
(g) "Schedule" or "salary schedule" means the grid of annual salary figures established in section three of this article; and
(h) "Years of experience" means the number of years a person
has been an employee of the State of West Virginia and refers to the
horizontal column heading of the salary schedule established in
section three of this article. For the purpose of placement on the
salary schedule, employment for nine months or more equals one year
of experience, but a classified employee may not accrue more than
one year of experience during any given fiscal year. Employment for
less than full time or for fewer than nine months during any fiscal
year shall be prorated. In accordance with rules established by the
commission and council jointly, a classified employee may be granted
additional years of experience not to exceed the actual number of
years of prior, relevant work or experience at accredited
institutions of higher education other than state institutions of
higher education.
§18B-9-3. Temporary higher education classified employee annual
salary schedule.
(a) There is hereby continued a temporary state annual salary
schedule for classified employees consisting of a minimum annual
salary for each pay grade in accordance with years of experience.
Nothing in this article guarantees payment to a classified employee
of the salary indicated on the schedule at the actual years of
experience. The minimum salary herein indicated shall be prorated for classified employees working fewer than thirty-seven and one-
half hours per week. For the purposes of this article, despite any
differences in salaries that may occur, a classified employee is
equitably compensated in relation to other classified employees in
the same pay grade if the following conditions exist:
(1) His or her annual salary is at least the minimum salary
that was required for his or her pay grade and years of on July 1,
2001, on the salary schedule included in this section; and
(2) Progress is being made by the institution in meeting the
salary goals set out in this article.
(b) Nothing in this section requires an appropriation by the
Legislature in excess of the legislative funding priorities as set
forth in this chapter.
(c) For purposes of this article, an organization has achieved
full funding of the temporary salary schedule established by this
section when it provides, in total, one hundred percent of the funds
needed to meet the salary funding target as calculated in October,
2009, in a report, required by a prior enactment of this section,
and presented to the Legislative Oversight Commission on Education
Accountability. Until an organization has achieved full funding as
described and has received certification to this effect from the
commission or council, as appropriate, the following requirements
apply:
(1) Classified salary increases distributed within the
organization shall be provided in accordance with the uniform
classification and compensation system established by this article
and rules of the commission and council and shall be applied toward
achieving full funding of the temporary salary schedule; and
(2) An organization may not provide discretionary salary
increases, including merit or performance-based increases, to the
president or chief executive officer of an organization or to any
group or class of employees within the organization, other than
classified employees, until the organization has achieved full
funding of the salary scheduled established in this section. This
prohibition does not apply to salary increases mandated by law.
TEMPORARY HIGHER EDUCATION CLASSIFIED EMPLOYEE
ANNUAL SALARY SCHEDULE
YEARS OF EXPERIENCE
|
PAY
GRADE
|
0
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1
|
12,809
|
13,094
|
13,385
|
13,677
|
13,968
|
14,274
|
14,580
|
14,900
|
15,221
|
|
2
|
13,465
|
13,764
|
14,070
|
14,376
|
14,696
|
15,017
|
15,352
|
15,687
|
16,036
|
|
3
|
14,164
|
14,478
|
14,798
|
15,133
|
15,483
|
15,832
|
16,182
|
16,546
|
16,925
|
|
4
|
14,908
|
15,250
|
15,599
|
15,949
|
16,313
|
16,692
|
17,085
|
17,478
|
17,872
|
|
5
|
15,696
|
16,066
|
16,444
|
16,837
|
17,231
|
17,624
|
18,046
|
18,469
|
18,906
|
|
6
|
16,556
|
16,954
|
17,362
|
17,784
|
18,207
|
18,644
|
19,081
|
19,547
|
20,013
|
|
7
|
17,489
|
17,915
|
18,352
|
18,804
|
19,255
|
19,721
|
20,202
|
20,697
|
21,192
|
|
8
|
18,495
|
18,949
|
19,416
|
19,896
|
20,391
|
20,901
|
21,411
|
21,950
|
22,489
|
|
9
|
19,559
|
20,056
|
20,566
|
21,091
|
21,615
|
22,168
|
22,722
|
23,290
|
23,887
|
|
10
|
19,916
|
20,421
|
20,938
|
21,484
|
22,029
|
22,602
|
23,176
|
23,763
|
24,379
|
|
11
|
21,107
|
21,665
|
22,239
|
22,812
|
23,400
|
24,015
|
24,645
|
25,288
|
25,945
|
|
12
|
22,436
|
23,022
|
23,624
|
24,253
|
24,896
|
25,554
|
26,225
|
26,924
|
27,638
|
|
13
|
23,837
|
24,477
|
25,134
|
25,805
|
26,505
|
27,218
|
27,945
|
28,701
|
29,470
|
|
14
|
25,363
|
26,057
|
26,771
|
27,498
|
28,253
|
29,022
|
29,806
|
30,631
|
31,470
|
|
15
|
27,015
|
27,764
|
28,533
|
29,330
|
30,141
|
30,981
|
31,834
|
32,715
|
33,624
|
|
16
|
28,821
|
29,624
|
30,449
|
31,316
|
32,197
|
33,092
|
34,030
|
34,981
|
35,974
|
|
17
|
30,767
|
31,638
|
32,533
|
33,470
|
34,421
|
35,400
|
36,421
|
37,456
|
38,519
|
|
18
|
32,868
|
33,820
|
34,799
|
35,806
|
36,841
|
37,904
|
39,009
|
40,142
|
41,303
|
|
19
|
37,613
|
38,718
|
39,855
|
41,022
|
42,219
|
43,460
|
44,747
|
46,064
|
47,410
|
|
20
|
40,265
|
41,471
|
42,712
|
43,984
|
45,301
|
46,647
|
48,038
|
49,460
|
50,941
|
|
21
|
43,171
|
44,478
|
45,824
|
47,216
|
48,637
|
50,103
|
51,614
|
53,170
|
54,786
|
|
22
|
46,332
|
47,754
|
49,220
|
50,731
|
52,272
|
53,873
|
55,534
|
57,224
|
58,975
|
|
23
|
49,777
|
51,330
|
52,931
|
54,561
|
56,252
|
58,002
|
59,797
|
61,653
|
63,568
|
|
24
|
53,552
|
55,234
|
56,970
|
58,750
|
60,605
|
62,505
|
64,465
|
66,485
|
68,579
|
|
25
|
57,462
|
59,483
|
61,383
|
63,328
|
65,348
|
67,427
|
69,567
|
71,781
|
74,070
|
|
PAY
GRADE
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
|
1
|
15,541
|
15,876
|
16,226
|
16,575
|
16,939
|
17,304
|
17,682
|
|
2
|
16,386
|
16,750
|
17,129
|
17,507
|
17,886
|
18,294
|
18,687
|
|
3
|
17,304
|
17,697
|
18,090
|
18,498
|
18,920
|
19,343
|
19,780
|
|
4
|
18,279
|
18,702
|
19139
|
19,576
|
20,027
|
20,493
|
20,959
|
|
5
|
19,343
|
19,794
|
20,260
|
20,741
|
21,222
|
21,717
|
22,227
|
|
6
|
20,479
|
20,974
|
21,469
|
21,994
|
22,518
|
23,057
|
23,596
|
|
7
|
21,717
|
22,241
|
22,780
|
23,334
|
23,902
|
24,484
|
25,081
|
|
8
|
23,042
|
23,610
|
24,193
|
24,805
|
25,416
|
26,043
|
26,684
|
|
9
|
24,484
|
25,096
|
25,737
|
26,378
|
27,048
|
27,732
|
28,417
|
|
10
|
25,008
|
25,638
|
26,295
|
26,980
|
27,666
|
28,379
|
29,106
|
|
11
|
26,617
|
27,316
|
28,015
|
28,757
|
29,498
|
30,267
|
31,064
|
|
12
|
28,365
|
29,120
|
29,890
|
30,687
|
31,498
|
32,323
|
33,176
|
|
13
|
30,267
|
31,078
|
31,918
|
32,771
|
33,652
|
34,561
|
35,484
|
|
14
|
32,323
|
33,204
|
34,114
|
35,051
|
36,002
|
36,981
|
38,002
|
|
15
|
34,561
|
35,512
|
36,505
|
37,512
|
38,547
|
39,624
|
40,715
|
|
16
|
36,981
|
38,030
|
39,093
|
40,198
|
41,331
|
42,492
|
43,694
|
|
17
|
39,624
|
40,757
|
41,918
|
43,121
|
44,352
|
45,611
|
46,925
|
|
18
|
42,506
|
43,736
|
44,995
|
46,296
|
47,639
|
49,023
|
50,450
|
|
19
|
48,801
|
50,238
|
51,719
|
53,230
|
54,801
|
56,416
|
58,062
|
|
20
|
52,452
|
54,023
|
55,623
|
57,284
|
58,990
|
60,755
|
62,550
|
|
21
|
56,431
|
58,137
|
59,902
|
61,712
|
63,568
|
65,482
|
67,472
|
|
22
|
60,785
|
62,640
|
64,555
|
66,530
|
68,579
|
70,674
|
72,828
|
|
23
|
65,527
|
67,562
|
69,656
|
71,826
|
74,040
|
76,344
|
78,708
|
|
24
|
70,734
|
72,948
|
75,237
|
77,601
|
80,039
|
82,552
|
85,156
|
|
25
|
76,419
|
78,842
|
81,356
|
83,944
|
86,607
|
89,360
|
92,202
|
§18B-9-4. Classified employee salary; payment beyond salary
schedule; conditions.
(a) The current annual salary of a classified employee may not
be reduced by the provisions of this article nor by any other action
inconsistent with the provisions of this article.
(b) Nothing in this article prohibits promotion of a classified
employee to a job title carrying a higher pay grade if the promotion
is in accordance with the provisions of this article, the personnel
classification and compensation system and personnel rules of the
commission and council.
(c) An organization may pay classified employees in excess of
the salary established for their pay grade and years of experience
indicated on the salary schedule established by section three of
this article under the following conditions:
(1) The commission or council, as appropriate, certifies that
the organization has achieved full funding; and
(2) The governing board has promulgated and adopted a salary
rule in accordance with section six, article one of this chapter and
the rules of the commission and council establishing a procedure to
ensure that salary increases above the temporary salary schedule are
distributed equitably and in a manner that is consistent with the uniform classification and compensation system.
ARTICLE 9A. CLASSIFICATION AND COMPENSATION SYSTEM.
§18B-9A-1. Legislative intent and purpose.
(a) The intent of the Legislature in enacting this article is
to establish the classification and compensation system for certain
employees of higher education organizations and apply recognized
best human resources practices in order to use available resources
in the most effective and efficient manner for the benefit of the
citizens of West Virginia.
It is the further intent of the Legislature to establish a plan
that is fair, accountable, credible, transparent and systematic. In
recognition of the importance of these qualities, this article,
together with articles seven, eight and nine of this chapter, is
designated and may be cited as "FACTs for Higher Education".
(b) In furtherance of the principles described in subsection
(a) of this section, the chief purposes of the classification and
compensation system are to accomplish the following objectives:
(1) Develop and implement a classification and compensation
system that is fair, transparent, understandable, simple to
administer, self-regulating and adaptable to meet future goals;
(2) Provide current, reliable data to governing boards, the
commission, the council, the Governor and the Legislature to inform
the decision-making process of these policymakers;
(3) Attract well-qualified and diverse job applicants and
retain and motivate employees to accomplish the goals identified in
state law, rules of the commission and council, the statewide master
plans for higher education and the institution compacts;
(4) Retain and reward employees who make valuable contributions
to state and organization goals and objectives;
(5) Compensate employees within an organization fairly in
relation to one another;
(6) Compensate employees across organizations who are
performing similar work at similar wage rates;
(7) Compensate employees at levels that are competitive with
appropriate external markets and are fiscally responsible;
(8) Improve the process for evaluating jobs, including, but not
limited to, mandating training and development in best human
resources practices and directing that key terms, job titles and
evaluation forms are consistent across organizations; and
(9) Ensure that regular market salary analyses are performed to
determine how organization compensation for all classes of employees
compares to compensation in relevant external markets.
§18B-9A-2. Definitions.
As used in this article and articles seven, eight and nine of
this chapter, the following words have the meanings ascribed to them
unless the context clearly indicates a different meaning:
(a) "Classification system" means the process by which jobs,
job titles, career ladders and assignment to pay grades are
determined.
(b) "Classified employee" or "employee" means any regular
employee of an organization who holds a position that is assigned
a particular job and job title within the classification system
established by this article and by duly promulgated rules of the
commission and council.
(c) "Job" means the total collection of tasks, duties and
responsibilities assigned to one or more individuals whose work is
of the same nature and level.
(d) "Job description" means a summary of the most important
features of a job, including the general nature and level of the
work performed.
(e) "Job evaluation" means a formal process used to create a
job worth hierarchy.
(f) "Job family" means a group of jobs having the same nature
of work, but requiring different levels of skill, effort,
responsibility or working conditions.
(g) "Job title" means the descriptive name for the total
collection of tasks, duties and responsibilities assigned to one or
more individuals whose positions have the same nature of work
performed at the same level.
(h) "Job worth hierarchy" means the perceived internal value of
jobs in relationship to each other within an organization.
(i) "Nonclassified employee" means an employee of an
organization who holds a position that is not assigned a particular
job and job title within the classification system established by
this article and by duly promulgated rules of the commission and
council and who meets one or more of the following criteria:
(1) Holds a direct policy-making position at the department or
organization level; or
(2) Reports directly to the president or chief executive
officer of the organization.
(j) "Organization" means the commission, the council, an agency
or entity under the respective jurisdiction of the commission or the
council or a state institution of higher education as defined in
section two, article one of this chapter.
(k) "Pay grade" means the level to which a job is assigned
within a job worth hierarchy.
(
l) "Point factor methodology" means a quantitative job
evaluation process in which elements of a job are given a factor
value and each factor is weighted according to its importance.
(m) "Position description" means a summary of the total duties
and responsibilities of a position based on factors provided in the
position information questionnaire (PIQ).
(n) "Position information questionnaire" or "PIQ" means a tool
used in the creation and evaluation of position descriptions and
includes the factors of knowledge, experience, complexity and
problem solving, freedom of action, scope and effect, breadth of
responsibility, intra-systems contacts, external contacts, direct
supervision of personnel, indirect supervision of personnel and
health, safety and physical considerations.
(o) "Step" means a standard progression in pay rate that is
established within a pay grade.
§18B-9A-3. Applicability.
(a) The provisions of this article apply to employees who meet
the following criteria:
(1) A classified employee whose employment, if continued,
accumulates to a minimum total of one thousand forty hours during a
calendar year and extends over at least nine months of a calendar
year; and
(2) A classified employee who is involuntarily transferred to
a nonclassified position for which he or she did not apply. A
classified employee involuntarily transferred to a nonclassified
position may exercise the rights set out in this section only for
positions equivalent to or lower than the last job title the
employee held.
(b) A governing board may include in the personnel rule required by section seven of this article a provision exempting from
application of this article classified employees whose positions are
funded by an external grant or contract from a federal, state, local
government or private entity:
(1) If the grant or contract is for a specific or finite period
of time; and
(2) If it is the sole source of funding for the employee's
salary.
(c) A governing board may not exempt classified employees from
the application of this article under any of the following
conditions:
(1) The employee was hired before the effective date of the
rule except in instances where the classified employee was hired
into such a position after the effective date of the rule and the
employee has completed ten years of continuous employment in that
position;
(2) The employee's salary is funded from long-standing federal
higher education grants such as those for Land Grant Extension and
Historically Black Colleges and Universities;
(3) The employee was not given written notice of exemption from
the provisions of this article at the time he or she was hired or
transferred; or
(4) The employee was transferred involuntarily to a position funded by grant or contract.
(d) Until the commission or council, as appropriate, has
certified that an organization has achieved full funding of the
temporary classified employee annual salary schedule, the
organization is subject to the provisions of article nine of this
chapter and may not exercise flexibility provisions in any area of
human resources identified in this chapter or in commission and
council rule.
§18B-9A-4. Job classification system; job classification committee
established; membership; meetings; powers and duties.
(a) The commission and council jointly shall maintain a uniform
system for classifying jobs and positions of organization employees.
(b) The commission and council jointly shall establish and
maintain a job classification committee.
(1) The committee consists of the following members:
(A) The Associate Vice Chancellor for Human Resources who
chairs the committee and votes only when a tie occurs;
(B) The Director of Classification, Compensation and Human
Resources Information Systems;
(C) The Vice Chancellor for Administration, ex officio,
nonvoting;
(D) One human resources director representing the organizations
under the jurisdiction of the commission, appointed by the appropriate chancellor;
(E) One human resources director representing the organizations
under the jurisdiction of the council, appointed by the appropriate
chancellor;
(F) One classified employee representing the organizations
under the jurisdiction of the commission, appointed by the Advisory
Council of Classified Employees;
(G) One classified employee representing the organizations
under the jurisdiction of the council, appointed by the Advisory
Council of Classified Employees;
(H) The Director of Training and Development, ex officio,
nonvoting;
(I) The chair of the ad hoc Classification Subcommittee created
by the Vice Chancellor for Administration pursuant to section
thirteen, article one-b of this chapter, who serves one nonrecurring
four-year term. At the end of four years, the chair may be
appointed to serve one additional consecutive four-year term, but
only if he or she fills a committee membership position representing
a constituency group named in this subdivision; and
(J) Three members of the ad hoc Classification Subcommittee,
appointed by the Associate Vice Chancellor for Human Resources, who
serve two-year, nonrecurring terms and are not eligible to succeed
themselves to consecutive terms. These members provide continuity and information to other members on changes to the job evaluation
plan and point factor methodology recommended by the subcommittee
and help to ensure consistency in classification decisions.
(2) An organization may not have more than one member serving
on the committee at any time. A human resources director currently
serving on the Job Evaluation Committee created by the commission
and council may not be appointed or selected to fill an initial term
on the Job Classification Committee. Membership is rotated in order
to provide for participation from each organization.
(3) Members serve staggered terms. With the exception of
members who serve pursuant to paragraphs (I) and (J), subdivision
(1), subsection (b) of this section, one third of the initial
appointments shall be for two years, one third for three years and
one third for four years. Thereafter, all terms are four years. A
member may not serve more than four years consecutively. The
Associate Vice Chancellor for Human Resources shall certify that
appointments to the committee are made in accordance with this
section. If the groups responsible for appointing members fail to
do so within a reasonable time, the Associate Vice Chancellor shall
select members from the named constituency group to serve on the
committee. A majority of the voting members serving on the
committee at a given time constitutes a quorum for the purpose of
conducting business.
(c) Powers and duties of the committee include, but are not
limited to, the following:
(1) Modifying and deleting jobs and assigning job titles;
(2) Reviewing and revising job titles to make them consistent
among organizations, including adopting consistent title
abbreviations;
(3) Establishing job worth hierarchies and data lines for each
job title;
(4) Classifying jobs, establishing proper pay grades and
placing jobs in pay grades consistent with the job evaluation plan;
(5) Determining when new job titles are needed and creating new
job titles within the system;
(6) Recommending base pay enhancements for jobs for which the
application of point factor methodology produces significantly lower
salaries than external market pricing. The committee may exercise
this authority only if it reevaluates each job annually to make a
determination whether the enhancement should be continued;
(7) Recommending a procedure for performing job family reviews;
(8) Determining appropriate career ladders within the
classification system and establishing criteria for career
progression; and
(9) Hearing job classification appeals prior to commencement of
the formal grievance process pursuant to commission and council rule.
(d) The committee shall meet monthly if there is business to
conduct and also may meet more frequently at the call of the chair.
When evaluating jobs, the committee shall use the following
procedure:
(1) Each committee member shall classify each job individually,
independently of other members;
(2) The chair shall compile and share the individual
evaluations with the whole committee; and
(3) After discussing the issues and resolving differences, the
committee shall make a determination of the appropriate
classification for each job.
(e) The commission and council shall use a point factor
methodology to classify jobs. The commission and council jointly
may adjust the job evaluation plan, including the factors used to
classify jobs and their relative values, at any time.
(f) No later than July 1, 2011, the commission and council
shall have in place an up-to-date job description for every
classified job.
(g) The commission and council shall develop a position
information questionnaire to be used by all organizations to gather
data necessary for classification of positions within the job worth
hierarchy.
§18B-9A-5. Compensation planning and review committee established;
membership; meetings; powers and duties.
(a) The commission and council jointly shall establish and
maintain a compensation planning and review committee. Within the
guidelines established in this article and articles seven, eight,
and nine of this chapter, the committee shall manage all aspects of
compensation planning and review that the commission and council
jointly delegate to it.
(b) The committee consists of the following members:
(1) The Associate Vice Chancellor for Human Resources who
chairs the committee and votes only when a tie occurs;
(2) One classified employee representing the organizations
under the jurisdiction of the commission, appointed by the Advisory
Council of Classified Employees;
(3) One classified employee representing the organizations
under the jurisdiction of the council, appointed by the Advisory
Council of Classified Employees;
(4) One faculty member representing the organizations under the
jurisdiction of the commission, appointed by the advisory council of
faculty;
(5) One faculty member representing the organizations under the
jurisdiction of the council, appointed by the advisory council of
faculty;
(6) One president appointed by the Chancellor for Higher
Education;
(7) One president appointed by the Chancellor for Community and
Technical College Education;
(8) One human resources professional representing the
organizations under the jurisdiction of the commission, appointed by
the Associate Vice Chancellor;
(9) One human resources professional representing the
organizations under the jurisdiction of the council, appointed by
the Associate Vice Chancellor;
(10) The Director of Classification, Compensation and Human
Resources Information Systems;
(11) The Vice Chancellor for Administration, ex officio,
nonvoting; and
(12) Additionally, the initial committee membership includes
the chair of the ad hoc Market Study Committee and the chair of the
ad hoc Compensation Steps Committee, both committees created by the
Vice Chancellor for Administration pursuant to section thirteen,
article one-b of this chapter. These members each serve one
nonrecurring four-year term. At the end of four years, the chairs
may be appointed to serve one additional consecutive four-year term,
but only if they fill a committee membership position representing
a constituency group named in this subsection.
(c) The committee shall meet at least quarterly and at other
times at the call of the chair. A majority of the voting members
serving on the committee at a given time constitutes a quorum for
the purpose of conducting business.
(d) The terms of members are staggered. Of the initial
appointments, excluding the chairs of the Market Study Committee and
the Compensation Steps Committee, one third shall be for two years,
one-third for three years and one-third for four years. Thereafter,
all terms are for four years. The Associate Vice Chancellor for
Human Resources shall certify that appointments to the committee are
made in accordance with this section. If the groups responsible
for appointing members fail to do so within a reasonable time, the
associate vice chancellor shall select members from the named
constituency group to serve on the committee.
(e) Subject to the exception in subdivision (12), subsection
(b) of this section, members of the committee may serve no more than
four consecutive years and no member may be elected or appointed to
serve an additional, nonconsecutive term until each eligible
individual in the category from which that member was elected or
appointed has been provided the opportunity to serve on the
committee. An institution may not have a majority of the
institution committee members.
(f) The Compensation Planning and Review Committee has powers and duties which include, but are not limited to, the following:
(1) Making annual recommendations for revisions in the system
compensation plan, based on existing economic, budgetary and fiscal
conditions or on market study data.
(2) Overseeing the five-year external market salary study;
(3) Overseeing the annual internal market review;
(4) Meeting at least annually with the Job Classification
Committee to discuss benchmark jobs to be included in salary
surveys, market "hot jobs" that may require a temporary salary
adjustment, results of job family reviews, and assessment of current
job titles within the classification system for market matches and
other issues as the two committee chairs determine to be
appropriate; and
(5) Performing other duties assigned by the commission and
council or necessary or expedient to maintain an effective
classification and compensation system.
(g) The commission and council may allow the committee to
collapse the three lowest pay grades into a single pay grade and
provide for employees to be paid at rates appropriate to the highest
of the three lowest pay grades.
§18B-9A-6. Salary structure and salary schedules.
(a) The commission and council shall maintain a market salary
structure and minimum salary schedules and ensure that all organizations under their respective jurisdictions adhere to state
and federal laws and duly promulgated and adopted organization
rules.
(b) The commission and council may not delegate any of the
following duties to the Compensation Planning and Review Committee
or the Job Classification Committee:
(1) Approval of a classification and compensation rule;
(2) Approval of the job evaluation plan;
(4) Approval of the annual market salary schedule; or
(5) Approval of the annual minimum salary schedule;
(c) The commission and council jointly shall develop and
maintain a market salary structure. The market salary structure
serves as the basis for the following activities:
(1) Evaluating compensation of classified employees in relation
to appropriate external markets; and
(2) Developing the minimum salary schedules to be adopted by
the commission and council.
(d) The market salary structure shall meet the following
criteria:
(1) Sets forth the number of pay grades and steps to be
included in the structure;
(2) Includes a midpoint value for each pay grade which
represents the average salary of jobs in that pay grade. The commission and council may choose a midpoint value that is not based
exclusively on market salary data; and
(3) Includes minimum and maximum step values based on an
established range spread, as well as values for other steps in the
salary structure.
(e) The commission and council jointly shall contract with an
external vendor to conduct a classified employee market salary study
at least once within each five-year period. At the conclusion of
the study, the commission and council, in consultation with the
Compensation Planning and Review Committee, may take any
combination of the following actions:
(1) Adjust the number of pay grades and the point values
necessary for a job to be assigned to a particular pay grade;
(2) Adjust the midpoint differentials between pay grades better
to reflect market conditions; or
(3) Adjust the range spread for any pay grade.
(f) The commission and council jointly shall perform an annual
review of market salary data to determine how salaries have changed
in the external market. Based on data collected, the commission and
council jointly in consultation with the Compensation Planning and
Review Committee, shall adjust the market salary structure, if
changes are supported by the data. In the absence of a market
salary study conducted by an external vendor, the commission and council may not adjust the midpoint differentials between pay grades
unless required to do so by a change in minimum wage or other laws
and may not adjust the range spread for any pay grade.
(g) Annually, the commission and council shall approve a
minimum salary schedule that sets forth a compensation level for
each step and pay grade below which no organization employee may be
paid.
(1) The minimum salary floor for each pay grade and step on the
minimum salary schedule is determined by applying the percentage
fixed by commission and council rule promulgated pursuant to section
seven of this article to the annual market salary data. The
commission and council also shall consider the minimum wage and
other laws that ensure that employees earn a living wage and shall
maintain a salary structure which ensures that the average salary of
each class of employees meets relative market equity among employee
classes. The commission and council may take into consideration
other factors they consider appropriate.
(2) The salary of an employee working fewer than thirty-seven
and one-half hours per week shall be prorated.
(h) The organization rule promulgated pursuant to subsection
(d), section seven of this article may provide for differential pay
for certain employees who work different shifts, weekends, or
holidays.
§18B-9A-7. Classification and compensation rules required; emergency
rule authorized.
(a) Notwithstanding any provision of law to the contrary, the
commission and council jointly shall design, develop, implement and
administer the personnel system of classification and compensation
pursuant to this article and articles seven, eight and nine of this
chapter. In developing and designing the system, they shall give
careful consideration to the recommendations and supporting
documentation contained in the
Final Report to the Select Committee
on Higher Education Personnel, prepared pursuant to section
thirteen, article one-b of this chapter, which was received and
approved by the Select Committee on January 11, 2010.
(b)
Classification and compensation system rule. --
By November 1, 2010, the commission and council shall propose
a joint rule or rules for legislative approval in accordance with
article three-a, chapter twenty-nine-a of this code to implement the
provisions of this article and articles seven, eight and nine of
this chapter. The rule shall establish a classification and
compensation system that incorporates best human resources practices
and takes into consideration the recommendations of the Legislative
Select Committee on Higher Education Personnel. At a minimum, the
system rule shall address the areas of organization accountability,
employee classification and compensation, performance evaluation and development of organization rules.
(1)
Organization accountability. --
(A) The system rule shall provide a procedure for correcting
deficiencies identified in the human resources audits conducted
pursuant to section nine, article seven of this chapter. The
procedure shall include, but is not limited to, the following
provisions:
(i) Specifying a reasonable time for organizations to correct
deficiencies uncovered by an audit;
(ii) Applying sanctions when major deficiencies are not
corrected within the allotted time. A formal reprimand shall be
placed in the personnel file of each administrator who shares
responsibility and has operational authority in the area of
identified deficiency. Other sanctions may include, but are not
limited to, prohibiting compensation increases or suspending from
employment the president or chief executive officer of the
organization and key administrators who have authority over the
areas of major deficiency until the identified deficiencies are
corrected.
(B) Certifying when an organization has achieved full funding
of the temporary annual classified employee salary schedule pursuant
to section three, article nine of this chapter.
(2)
Employee classification and compensation. -- The system rule shall establish a classification and compensation system to
accomplish the following objectives:
(A) Moving classified employees through the classification
system based on performance and other objective, measurable factors
including education and experience above position requirements and
years of experience at the pay grade;
(B) Achieving and maintaining appropriate levels of employee
dispersion across steps;
(C) Assigning each current employee to an initial step for his
or her pay grade that is closest to and exceeds his or her current
salary regardless of previous education, experience or performance.
The rule shall provide that the salary of a current employee may not
be reduced by a job reclassification, a modification of the market
salary schedule, or other conditions that the commission and the
council consider appropriate and reasonable;
(D) Establishing a job worth hierarchy and identifying the
factors to be used to classify jobs and their relative values and
determining the number of points that are necessary to assign a job
to a particular pay grade;
(E) Establishing an objective standard to be used in
determining when a job description or a position description is up-
to-date;
(F) Providing a procedure whereby a classified employee or a supervisor who believes that changes in the job duties and
responsibilities of the employee justify a position review may
request that a review be done at any time;
(G) Specifying the acceptable period that may elapse between
the time when an organization receives a formal request for a
position review and the time when the review is completed. An
organization that fails to complete a review within the specified
time shall provide the employee back pay from the date the request
for review was received if the review, when completed, produces a
reclassification of the position into a job in a higher pay grade;
(H) Providing a procedure by which employees may file appeals
of job classification decisions for review by the Job Classification
Committee prior to filing a formal grievance. The committee shall
render a decision within sixty days of the date the appeal is filed
with the commission or the council; and
(I) Providing for recommendations from the Compensation
Planning and Review Committee and the Job Classification Committee
to be considered by the commission and the council and to be
included in the legislative reporting process pursuant to section
eight, article seven of this chapter.
(3)
Performance evaluations. -- The system rule shall provide
for developing and implementing a consistent, objective performance
evaluation model and shall mandate that training in conducting performance evaluations be provided for all organization personnel
who hold supervisory positions.
(c)
Emergency rule. --
(1) The Legislature hereby finds that an emergency exists and,
therefore, the commission and council shall propose a joint
emergency rule or rules by November 1, 2012, in accordance with
article three-a, chapter twenty-nine-a of this code to implement the
provisions of this article and articles seven, eight and nine of
this chapter.
(2) The commission and council shall file the emergency rule or
rules with the Legislative Oversight Commission on Education
Accountability by the date specified in subdivision (1) of this
subsection and may not implement the emergency rule or rules without
prior approval.
(d)
Organization rules. --
(1) Each organization shall promulgate and adopt a rule or
rules in accordance with the provisions of section six, article one
of this chapter to implement requirements contained in the
classification and compensation system rule or rules of the
commission and council. The commission and council shall provide a
model personnel rule for the organizations under their jurisdiction
and shall provide technical assistance in rulemaking as requested.
(2) The organization rule shall be adopted within six months of the effective date of any change in statute or rules, unless a
different compliance date is specified within the statute or rule
containing the requirements or mandate.
(3) A organization may not adopt a rule under this section
until it has consulted with the appropriate employee class affected
by the rule's provisions.
(4) If an organization fails to adopt a rule or rules as
mandated by this subsection, the commission and council may prohibit
it from applying any flexibility or discretionary provision relating
to human resources contained in statute or in a commission or
council rule until the rule requirements have been met.
(5) Additional flexibility or areas of operational discretion
identified in the system rule or rules may be exercised only by an
organization which meets the following requirements:
(A) Receives certification from the commission or council, as
appropriate, that the organization has achieved full funding of the
temporary salary schedule pursuant to article nine of this chapter;
(B) Promulgates a comprehensive classification and compensation
rule as required by this section;
(C) Receives approval of the classification and compensation
rule from the appropriate chancellor in accordance with this
section; and
(D) Adopts the rule by vote of the organization's governing board.
(6) Notwithstanding any provision of this code to the contrary,
each chancellor, or his or her designee, has the authority and the
duty to review any classification and compensation rule promulgated
by an organization under his or her jurisdiction and to recommend
changes to the rule to bring it into compliance with state and
federal law, commission and council rules or legislative, commission
and council intent. Each chancellor may reject or disapprove any
rule, in whole or in part, if he or she determines that it is not in
compliance with law or rule or if it is inconsistent with
legislative, commission and council intent.
§18B-9A-8. Implementation of classification and compensation
system.
(a) Sweeping cultural changes are needed to implement the
recommendations of the Select Committee on Higher Education
Personnel and the provisions of this article and articles seven,
eight and nine of this code. These kinds of changes require
dedication and cooperation from all employee classes across the two
systems of public higher education, the commission, council and
state policymakers. The primary responsibility for implementation,
however, rests with the commission and the council who shall provide
leadership and assistance to the human resources professionals
within each organization to bring about the changes successfully.
(b) The implementation process shall be carried out in
incremental steps, some of which may occur simultaneously. The
steps include the following:
(1) Communicating with organization employees and
administrators to acquaint them with the guiding principles of the
classification and compensation system. The principles which
undergird the policy changes are designed to promote fairness,
accountability, credibility, transparency and a systematic approach
to progress (FACTS for Higher Education). The discussion shall
explain the origin of changes in law and policy and show how these
are the result of four years of study culminating in the findings
and recommendations contained in the
Final Report to the Select
Committee on Higher Education Personnel (January 11, 2010).
(2) Seeking out credentialed, experienced human resources
professionals to provide staff support to the commission, council
and organizations pursuant to section two-a, article four of this
chapter who are committed to creating a culture of constant
improvement in a complex and rapidly changing environment. These
professionals are catalysts to promote the Fair, Accountable,
Credible, Transparent, and Systematic
principles and to serve the
organizations by assisting them in developing and maintaining best
human resources practices.
(3) Conducting an audit of the human resources function at each organization pursuant to section nine, article seven of this chapter
to identify best practices and areas of deficiency.
(4) Developing and implementing employee training and
professional development pursuant to section six, article seven of
this chapter to assist organization professionals in applying the
Fair, Accountable, Credible, Transparent, and Systematic
principles
to all human resources functions.
(5) Preparing a request for a proposal (RFP) for a human
resources information system capable of meeting a wide range of data
requirements to support personnel and policy initiatives.
(6) Establishing the Compensation Planning and Review Committee
pursuant to section five of article and the Job Classification
Committee pursuant to section four of this article whose members
participate and represent a broad range of higher education
interests in the decision and policy-making process.
(7) Providing data throughout the implementation process to the
Select Committee on Higher Education Personnel or the Legislative
Oversight Commission on Education Accountability to inform state
policy makers of progress and to provide a forum for further
discussion of higher education personnel issues and employee
concerns.
NOTE: The purpose of this bill is to create "FACTS for Higher Education" by establishing Fair, Accountable, Credible, Transparent,
and Systematic mechanisms to determine classification status and
compensation for classified employees in public higher education
organizations. It repeals certain provisions relating to higher
education personnel generally, moves several current provisions to
new locations, and rewrites three existing articles. The bill sets
forth certain specific powers, duties, and limitations of the Higher
Education Policy Commission, the Council for Community and Technical
College Education, and each state institution of higher education
relating to personnel. It makes legislative findings, defines
terms, provides for promulgation of rules, requires regular audits
of human resources functions, and describes and establishes dates
for periodic reports to the Legislature. The bill sets percentage
limits for certain types of employees; establishes implementation
and effective dates, requires review and approval of certain budget
and rulemaking functions; provides terms and conditions for certain
employment practices; requires salary comparisons among classes of
employees and certain of their peers; and authorizes and requires
certain employee benefits and rights. The bill removes codified
salary caps for classified employees under specific circumstances,
provides for establishing market salary structures and a minimum
salary schedule, requires periodic market salary studies, and
specifies uses for study findings. The bill requires employee
performance evaluations and training for supervisory personnel who
administer evaluations, sets limits for exercising certain
operational flexibilities, establishes implementation goals for
certain statutes and rules, and assigns certain implementation
responsibilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§18B-7-1 et seq., §18B-8-1 et seq. and §18B-9-1 et seq. have
been rewritten and §18B-9A-1 et seq. is new; therefore,
strike-throughs and underscoring have been omitted.
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