ENROLLED
H. B. 4677
(By Delegates White, Stalnaker, Kominar,
Iaquinta and Argento)
[Passed March 4, 2008; in effect from passage.]
AN ACT
to amend and reenact §6-7-2a and
§29-6-7 of the Code of
West Virginia, 1931, as amended, all relating to
the Director
of Personnel;
clarifying
appointment of director; and
authorizing that the hiring requirement is education or
experience.
Be it enacted by the Legislature of West Virginia:
That §6-7-2a
and §29-6-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment;
qualifications; powers and salaries of such officers.
(a) Each of the following appointive state officers named in
this subsection shall be appointed by the Governor, by and with the
advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the
term for which the Governor was elected and until the respective
state officers' successors have been appointed and qualified. Each
of the appointive state officers are subject to the existing
qualifications for holding each respective office and each has and
is hereby granted all of the powers and authority and shall perform
all of the functions and services heretofore vested in and
performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such
named appointive state officer shall continue to receive the annual
salaries they were receiving as of the effective date of the
enactment of this section in two thousand six, and thereafter,
notwithstanding any other provision of this code to the contrary,
the annual salary of each named appointive state officer shall be
as follows:
Commissioner, Division of Highways, ninety-two thousand five
hundred dollars; Commissioner, Division of Corrections, eighty
thousand dollars; Director, Division of Natural Resources,
seventy-five thousand dollars; Superintendent, State Police,
eighty-five thousand dollars;, Commissioner, Division of Banking,
seventy-five thousand dollars;; Commissioner, Division of Culture
and History, sixty-five thousand dollars; Commissioner, Alcohol
Beverage Control Commission, seventy-five thousand dollars;
Commissioner, Division of Motor Vehicles, seventy-five thousand dollars; Chairman, Health Care Authority, eighty thousand dollars;
members, Health Care Authority, seventy thousand dollars; Director,
Human Rights Commission, fifty-five thousand dollars; Commissioner,
Division of Labor, seventy thousand dollars; Director, Division of
Veterans' Affairs, sixty-five thousand dollars; Chairperson, Board
of Parole, fifty-five thousand dollars; members, Board of Parole,
fifty thousand dollars; members, Employment Security Review Board,
seventeen thousand dollars; and Commissioner, Bureau of Employment
Programs, seventy-five thousand dollars. Secretaries of the
departments shall be paid an annual salary as follows: Health and
Human Resources, ninety-five thousand dollars; Transportation,
ninety-five thousand dollars; Revenue, ninety-five thousand
dollars; Military Affairs and Public Safety, ninety-five thousand
dollars; Administration, ninety-five thousand dollars; Education
and the Arts, ninety-five thousand dollars; Commerce, ninety-five
thousand dollars; and Environmental Protection, ninety-five
thousand dollars:
Provided, That any increase in the salary of any
current appointive state officer named in this subsection pursuant
to the reenactment of this subsection during the regular session of
the Legislature in two thousand six that exceeds five thousand
dollars shall be paid to such officer or his or her successor
beginning on the first day of July, two thousand six, in annual
increments of five thousand dollars per fiscal year, up to the
maximum salary provided in this subsection.
(b) Each of the state officers named in this subsection shall
continue to be appointed in the manner prescribed in this code and,
prior to the first day of July, two thousand six, each of the state
officers named in this subsection shall continue to receive the
annual salaries he or she was receiving as of the effective date of
the enactment of this section in two thousand six, and shall
thereafter, notwithstanding any other provision of this code to the
contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, eighty
thousand dollars; Director, Division of Rehabilitation Services,
seventy thousand dollars; Director, Division of Personnel, seventy
thousand dollars; Executive Director, Educational Broadcasting
Authority, seventy-five thousand dollars; Secretary, Library
Commission, seventy-two thousand dollars; Director, Geological and
Economic Survey, seventy-five thousand dollars; Executive Director,
Prosecuting Attorneys Institute, seventy thousand dollars;
Executive Director, Public Defender Services, seventy thousand
dollars; Commissioner, Bureau of Senior Services, seventy-five
thousand dollars; Director, State Rail Authority, sixty-five
thousand dollars; Executive Director, Women's Commission, forty-
five thousand dollars; Director, Hospital Finance Authority,
thirty-five thousand dollars; member, Racing Commission, twelve
thousand dollars; Chairman, Public Service Commission, eighty-five
thousand dollars; members, Public Service Commission, eighty-five thousand dollars; Director, Division of Forestry, seventy-five
thousand dollars; Director, Division of Juvenile Services, eighty
thousand dollars; and Executive Director, Regional Jail and
Correctional Facility Authority, eighty thousand dollars:
Provided,
That any increase in the salary of any current appointive state
officer named in this subsection pursuant to the reenactment of
this subsection during the regular session of the Legislature in
two thousand six that exceeds five thousand dollars shall be paid
to such officer or his or her successor beginning on the first day
of July, two thousand six, in annual increments of five thousand
dollars per fiscal year, up to the maximum salary provided in this
subsection.
(c) Each of the following appointive state officers named in
this subsection shall be appointed by the Governor, by and with the
advice and consent of the Senate. Each of the appointive state
officers serves at the will and pleasure of the Governor for the
term for which the Governor was elected and until the respective
state officers' successors have been appointed and qualified. Each
of the appointive state officers are subject to the existing
qualifications for holding each respective office and each has and
is hereby granted all of the powers and authority and shall perform
all of the functions and services heretofore vested in and
performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual
salaries they were receiving as of the effective date of the
enactment of this section in two thousand six, and thereafter,
notwithstanding any other provision of this code to the contrary,
the annual salary of each named appointive state officer shall be
as follows:
Commissioner, State Tax Division, ninety-two thousand five
hundred dollars; Commissioner, Insurance Commission, ninety-two
thousand five hundred dollars; Director, Lottery Commission,
ninety-two thousand five hundred dollars; Director, Division of
Homeland Security and Emergency Management, sixty-five thousand
dollars; and Adjutant General, ninety-two thousand five hundred
dollars;
(d) No increase in the salary of any appointive state officer
pursuant to this section shall be paid until and unless the
appointive state officer has first filed with the State Auditor and
the Legislative Auditor a sworn statement, on a form to be
prescribed by the Attorney General, certifying that his or her
spending unit is in compliance with any general law providing for
a salary increase for his or her employees. The Attorney General
shall prepare and distribute the form to the affected spending
units.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-7. Director of personnel; appointment; qualifications;
powers and duties.
(a) The Secretary of the Department of Administration shall
appoint the director. The director shall be a person knowledgeable
of the application of the merit principles in public employment as
evidenced by the obtainment of a degree in business administration,
personnel administration, public administration or the equivalent
or at least five years of administrative experience in personnel
administration. The salary for the director shall be that which is
set out in section two-a, article seven, chapter six of this code.
(b) The director shall:
(1) Consistent with the provisions of this article, administer
the operations of the division, allocating the functions and
activities of the division among sections as the director may
establish;
(2) Maintain a personnel management information system
necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or
transactions for conformity with the provisions of this article;
(4) Plan, evaluate, administer and implement personnel
programs and policies in state government and to political
subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ
performance evaluation procedures;
(6) Develop programs to improve efficiency and effectiveness
of the public service, including, but not limited to, employee
training, development, assistance and incentives, which,
notwithstanding any provision of this code to the contrary, may
include a one-time monetary incentive for recruitment and retention
of employees in critically understaffed classifications. The
director, in consultation with the board, shall determine which
classifications are critically understaffed. The one-time monetary
incentive program shall continue until the thirtieth day of June,
two thousand nine. The director shall report annually on or before
the thirty-first day of December, commencing in the year two
thousand seven, to the Joint Committee on Government and Finance.
The annual report shall provide all relevant information on the
one-time monetary incentive program and the understaffed
classifications in state agencies;
(7) Establish pilot programs and other projects for a maximum
of one year outside of the provisions of this article, subject to
approval by the board, to be included in the annual report;
(8) Establish and provide for a public employee interchange
program and may provide for a voluntary employee interchange
program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the Governor and Secretary of the Department of
Administration in general workforce planning and other personnel matters;
(11) Make an annual report to the Governor and Legislature and
all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this
article; and
(14) Conduct schools, seminars or classes for supervisory
employees of the state regarding handling of complaints and
disciplinary matters and the operation of the state personnel
system.