Bill Text: WV HB2995 | 2019 | Regular Session | Introduced
Bill Title: Providing county commissioners an ongoing mechanism to consider compensation increases for elected officials
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-12 - To House Political Subdivisions [HB2995 Detail]
Download: West_Virginia-2019-HB2995-Introduced.html
WEST virginia legislature
2019 regular session
Introduced
House Bill 2995
By Delegate Hanshaw (Mr. Speaker) (By Request)
[ Introduced February 12,
2019; Referred
to the Committee on Political Subdivisions then Finance.]
A BILL to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.
Be it enacted by the Legislature of West Virginia:
article 7. compensation of elected county officials.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
(1) The increased base
salaries to be paid to the county commissioners and the other elected county
officials described in this section on and after July 1, 2014, are set out in
subsections (5) (2) and (7) (4) of this section.
Every county commissioner and elected county official in each county, whose
term of office commenced prior to or on or after July 1, 2014, shall receive
the same annual salary by virtue of legislative findings of extra duties as set
forth in section one of this article.
(2) Before the increased
salaries, as set out in subsections (5) and (7) of this section, are paid to
the county commissioners and the elected county officials, the following
requirements must be met:
(A) The Auditor has certified
that the fiscal condition of the county, considering costs, revenues,
liabilities and significant trends of the same; maintenance standards; and the
commitment to the provision of county services has sufficiently improved over
the previous fiscal years so that there exists an amount sufficient for the
payment of the increase in the salaries set out in subsections (5) and (7) of
this section and the related employment taxes: Provided, That the
Auditor may not provide the certification for the payment of the increase in
the salaries where any proposed annual county budget contains anticipated
receipts which are unreasonably greater or lesser than that of the previous
year. For purposes of this subsection, the term "receipts" does not
include unencumbered fund balance or federal or state grants: Provided,
however, That the Auditor shall not be held liable for relying upon
information and data provided by a county commission in assessing the county's
fiscal condition or a proposed annual county budget; and
(B) Each county
commissioner or other elected official described in this section in office on
the effective date of the increased salaries provided by this section who
desires to receive the increased salary shall have prior to that date filed in
the office of the clerk of the county commission his or her written request for
the salary increase. The salary for the person who holds the office of county
commissioner or other elected official described in this section who fails to
file the written request as required by this paragraph shall be the salary for
that office in effect immediately prior to the effective date of the increased
salaries provided by this section until the person vacates the office or his or
her term of office expires, whichever first occurs.
Any request for a salary
increase shall use the following language:
I, [name of office
holder], the duly elected [name of office] in and for the County of [name of
county], West Virginia, do hereby request a salary increase pursuant to W. Va.
Code §7-7-4, as amended. This salary increase is effective July 1, 2014.
[Signature of office
holder]
[Date]
(3) If the Auditor has
failed to certify that there is an amount sufficient for the payment of the
increase in the salaries and the related employment taxes pursuant to this
section, then the salaries of that county's elected officials and commissioners
shall remain at the level in effect at the time certification was sought.
(4) In any county having
a tribunal in lieu of a county commission, the county commissioners of that
county may be paid less than the minimum salary limits of the county commission
for that particular class of the county
(5) (2)
Prior to July 1, 2014:
COUNTY COMMISSIONERS BASE SALARIES
Class I $36,960
Class II $36,300
Class III $35,640
Class IV $34,980
Class V $34,320
Class VI $28,380
Class VII $27,720
Class VIII $25,080
Class IX $24,420
Class X $19,800
After June 30, 2014:
COUNTY COMMISSIONERS BASE SALARIES
Class I $41,395
Class II $40,656
Class III $39,917
Class IV $39,178
Class V $38,438
Class VI $31,786
Class VII $31,046
Class VIII $28,090
Class IX $27,350
Class X $22,176
(6) (3)
For the purpose of determining the base salaries to be paid to the
elected county officials of each county, the base salaries for each
county office by class, set out in subdivision (7) of this subsection (4)
of this section, are established and shall be used by each county
commission in determining the base salaries of each of their county
officials other than salaries of members of the county commission.
(7) (4)
Prior to July 1, 2014:
OTHER ELECTED OFFICIALS BASE SALARIES
County Circuit County Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $44,880 $55,440 $55,440 $44,880 $ 96,600
Class II $44,220 $54,780 $54,780 $44,220 $ 94,400
Class III $43,890 $53,460 $53,460 $43,890 $ 92,200
Class IV $43,560 $53,154 $53,154 $43,560 $ 90,000
Class V $43,230 $52,800 $52,800 $43,230 $ 87,800
Class VI $42,900 $49,500 $49,500 $42,900 $ 59,400
Class VII $42,570 $48,840 $48,840 $42,570 $ 56,760
Class VIII $42,240 $48,180 $48,180 $42,240 $ 54,120
Class IX $41,910 $47,520 $47,520 $41,910 $ 50,160
Class X $38,280 $42,240 $42,240 $38,280 $ 46,200
After June 30, 2014:
OTHER ELECTED OFFICIALS BASE SALARIES
County Circuit County Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $50,266 $62,093 $62,093 $50,266 $108,192
Class II $49,526 $61,354 $61,354 $49,526 $105,728
Class III $49,157 $59,875 $59,875 $49,157 $103,264
Class IV $48,787 $59,532 $59,532 $48,787 $100,800
Class V $48,418 $59,136 $59,136 $48,418 $98,336
Class VI $48,048 $55,440 $55,440 $48,048 $66,528
Class VII $47,678 $54,701 $54,701 $47,678 $63,571
Class VIII $47,309 $53,962 $53,962 $47,309 $60,614
Class IX $46,939 $53,222 $53,222 $46,939 $56,179
Class X $42,874 $47,309 $47,309 $42,874 $51,744
(8) (5) Any county clerk, circuit clerk, county
assessor, prosecuting attorney or sheriff of a Class I through Class V county,
inclusive, any assessor or any sheriff of a Class VI through Class IX county,
inclusive, shall devote full time to his or her public duties to the exclusion
of any other employment: Provided, That any public official whose term
of office begins when his or her county's classification imposes no restriction
on his or her outside activities may not be restricted on his or her outside
activities during the remainder of the term for which he or she is elected.
(6) On March 1, 2020, and each second year after that, the county commission of each county shall review the annual Consumer Price Index published by the United States Department of Commerce and determine if the proposed annual county budget for the fiscal year beginning July 1, 2020, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioners and other elected county officials in an amount up to the increase in the Consumer Price Index over the prior two years or three percent, whichever is greater.
(7) If the proposed annual county budget for the fiscal year beginning July 1, 2020, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioner and other elected county officials in an amount up to the increase in the Consumer Price Index or three percent, whichever is greater, then the county commission may fix the salary of the count commissioners and the other elected county officials at an annual rate of salary to which the county official is entitle pursuant to the salary schedule contained in this section including an increase up to the increase in the Consumer Price Index or three percent, whichever is greater, as determined by the county commission.
(8) Before the increased salaries are paid to the county commissioners and the elected county officials, the following requirement must be met:
(A) Each county commissioner or other elected official described in this subsection in office on the effective date of the increased salaries provided by this subsection who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this subsection who fails to file the written agreement as required by this paragraph is the salary for that office in effect immediately prior to the effective date of the increase salaries provided by this subsection until the person vacated the office or his or her term of office expires, whichever first occurs.
(B) Any request for a salary increase shall use the following language:
“I [name of office holder], the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, [year].”
[Signature of office holder]
[Date]
(9) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, the salaries of that county’s elected officials and commissioners remain at the level in effect at the time certification was sought.
NOTE: The purpose of this bill is to allow county commissioners an ongoing mechanism to consider compensation increases for elected county official every two years in an amount up to the increase in the annual Consumer Price Index published by the United States Department of Commerce over the prior two years or three percent, whichever is greater.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
