Bill Text: WV HB3041 | 2018 | Regular Session | Introduced
Bill Title: Relating to the classification plans for employees in the classified and classified-exempt service
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Government Organization [HB3041 Detail]
Download: West_Virginia-2018-HB3041-Introduced.html
WEST virginia
legislature
2017 regular session
By
[
to the Committee on Government Organization then the Judiciary.
A BILL to amend and
reenact §29-6-10 of the Code of West
Virginia, 1931, as amended, relating to the classification plans for employees
in the classified and classified-exempt service; exempting classification and
pay grade from the Public Employees Grievance Procedure; and providing for
reconsideration of allocations of positions to classifications.
Be it enacted by the
Legislature of West Virginia:
That §29-6-10 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE
6. CIVIL SERVICE SYSTEM.
§29-6-10. Rules of division.
The board shall have the authority to promulgate, amend or
repeal rules, according to chapter twenty-nine-a of this code, to implement the
provisions of this article:
(1) For the preparation, maintenance and revision of a
position classification plan for all positions in the classified service and a
position classification plan for all positions in the classified-exempt
service, based upon similarity of duties performed and responsibilities assumed,
so that the same qualifications may reasonably be required for and the same
schedule of pay may be equitably applied to all positions in the same class.
Except for persons employed by the governing boards of higher education, all
persons receiving compensation as a wage or salary, funded either in part or in
whole by the state, are included in either the position classification plan for
classified service or classified-exempt service. After each such classification
plan has been approved by the board, the director shall allocate the position
of every employee in the classified service to one of the classes in the
classified plan and the position of every employee in the classified-exempt
service to one of the positions in the classified-exempt plan. Any employee
affected by the allocation of a position to a class shall, after filing with
the director of personnel a written request for reconsideration thereof in such
manner and form as the director may prescribe, be given a reasonable
opportunity to be heard thereon by the director. The interested appointing
authority shall be given like opportunity to be heard. Notwithstanding any
other provision of this code to the contrary, classification and pay grade are
not subject to the provisions of article two, chapter six-c of this code.
Further, it is the specific intent of the Legislature that no private cause of
action, either express or implied, is created by or otherwise arises from the
enactment, provisions or implementation of this section.
(2) For a pay plan for all employees in the classified
service, after consultation with appointing authorities and the state fiscal
officers, and after a public hearing held by the board. Such pay plan shall
become effective only after it has been approved by the Governor after
submission to him or her by the board. Amendments to the pay plan may be
made in the same manner. Each employee shall be paid at one of the rates set
forth in the pay plan for the class of position in which he or she is
employed. The principle of equal pay for equal work in the several agencies of
the state government shall be followed in the pay plan as established hereby.
(3) For open competitive examinations to test the relative
fitness of applicants for the respective positions in the classified service.
Such examinations need not be held until after the rules have been adopted, the
service classified and a pay plan established, but shall be held not later than
one year after this article takes effect. Such examinations shall be announced
publicly at least fifteen days in advance of the date fixed for the filing of
applications therefor, and may be advertised through the press, radio and other
media. The director may, however, in his or her discretion, continue to receive
applications and examine candidates long enough to assure a sufficient number
of eligibles to meet the needs of the service and may add the names of
successful candidates to existing eligible lists in accordance with their
respective ratings.
An additional five points shall be awarded to the score of
any examination successfully completed by a veteran. A disabled veteran shall
be entitled to an additional ten points, rather than five points as aforesaid,
upon successful completion of any examination.
(4) For promotions within the classified service which shall
give appropriate consideration to the applicant's qualifications, record of
performance, seniority and his or her score on a written examination, when such
examination is practicable. An advancement in rank or grade or an increase in
salary beyond the maximum fixed for the class shall constitute a promotion.
When any benefit such as a promotion, wage increase or transfer is to be
awarded, or when a withdrawal of a benefit such as a reduction in pay, a layoff
or job termination is to be made, and a choice is required between two or more
employees in the classified service as to who will receive the benefit or have
the benefit withdrawn, and if some or all of the eligible employees have
substantially equal or similar qualifications, consideration shall be given to
the level of seniority of each of the respective employees as a factor in
determining which of the employees will receive the benefit or have the benefit
withdrawn, as the case may be. When an employee classified in a secretarial or
clerical position has, irrespective of job classification, actual job
experience related to the qualifications for a managerial or supervisory
position, the division shall consider the experience as qualifying experience
for the position. The division in its classification plan may, for designated
classifications, permit substitution of qualifying experience for specific
educational or training requirements at a rate determined by the division.
(5) For layoffs by classification for reason of lack of funds
or work, or abolition of a position, or material changes in duties or
organization, or any loss of position because of the provisions of this
subdivision and for recall of employees so laid off, consideration shall be
given to an employee's seniority as measured by permanent employment in the
classified service or a state agency. In the event that the agency wishes to
lay off a more senior employee, the agency must demonstrate that the senior
employee cannot perform any other job duties held by less senior employees
within that agency in the job class or any other equivalent or lower job class
for which the senior employee is qualified: Provided, That if an
employee refuses to accept a position in a lower job class, such employee shall
retain all rights of recall as hereinafter provided.
(6) For recall of employees, recall shall be by reverse order
of layoff to any job class that the employee has previously held or a lower
class in the series within the agency as that job class becomes vacant. An employee
will retain his or her place on the recall list for the same period of time as
his or her seniority on the date of his or her layoff or for a period of two
years, whichever is less. No new employees shall be hired for any vacancy in
his or her job class or in a lower job class in the series until all eligible
employees on layoff are given the opportunity to refuse that job class. An
employee shall be recalled onto jobs within the county wherein his or her last
place of employment is located or within a county contiguous thereto. Any
laid-off employee who is eligible for a vacant position shall be notified by
certified mail of the vacancy. It shall be the responsibility of the employee
to notify the agency of any change in his or her address.
Notwithstanding any other provision of the code to the
contrary, except for the provisions of section seven, article two, chapter
five-b of this code, when filling vacancies at state agencies the directors of
state agencies shall, for a period of twelve months after the layoff of a
permanent classified employee in another agency, give preference to qualified
permanent classified employees based on seniority and fitness over all but
existing employees of the agency or its facilities: Provided, That
employment of these persons who are qualified and who were permanently employed
immediately prior to their layoff shall not supersede the recall rights of
employees who have been laid off in such agency or facility.
(7) For the establishment of eligible lists for appointment
and promotion within the classified service, upon which lists shall be placed
the names of successful candidates in the order of their relative excellence in
the respective examinations. Eligibility for appointment from any such list
shall continue not longer than three years. An appointing authority shall make
his or her selection from the top ten names on the appropriate lists of
eligibles, or may choose any person scoring at or above the ninetieth
percentile on the examination.
For the establishment of eligible lists for preference as
provided in subdivision (6) of this section, a list shall be provided according
to seniority. An appointed authority shall make the selection of the most
senior qualified person: Provided, That eligibility for appointment from
any such list shall continue not longer than one year and shall cease
immediately upon appointment to a classified position.
(8) For the rejection of candidates or eligibles within the
classified service who fail to comply with reasonable requirements in regard to
such factors as age, physical condition, character, training and experience who
are addicted to alcohol or narcotics or who have attempted any deception or
fraud in connection with an examination.
(9) For a period of probation not to exceed one year before
appointment or promotion may be made complete within the classified service.
(10) For provisional employment without competitive
examination within the classified service when there is no appropriate eligible
list available. No such provisional employment may continue longer than six
months, nor shall successive provisional appointments be allowed, except during
the first year after the effective date of this article, in order to avoid
stoppage of orderly conduct of the business of the state.
(11) For keeping records of performance of all employees in
the classified service, which service records may be considered in determining
salary increases and decreases provided in the pay plan; as a factor in
promotion tests; as a factor in determining the order of layoffs because of
lack of funds or work and in reinstatement; and as a factor in demotions,
discharges and transfers.
(12) For discharge or reduction in rank or grade only for
cause of employees in the classified service. Discharge or reduction of these
employees shall take place only after the person to be discharged or reduced
has been presented with the reasons for such discharge or reduction stated in
writing, and has been allowed a reasonable time to reply thereto in writing, or
upon request to appear personally and reply to the appointing authority or his
or her deputy: Provided, That upon an involuntary discharge for cause,
the employer may require immediate separation from the workplace, or the
employee may elect immediate separation. If separation is required by the
employer in lieu of any advance notice of discharge, or if immediate separation
is elected by an employee who receives notice of an involuntary discharge for
cause, the employee is entitled to receive severance pay attributable to time
the employee otherwise would have worked, up to a maximum of fifteen calendar
days following separation. Receipt of severance pay does not affect any other
right to which the employee is entitled with respect to the discharge. The
statement of reasons and the reply shall be filed as a public record with the
director. Notwithstanding the foregoing provisions of this subdivision, no
permanent employee shall be discharged from the classified service for
absenteeism upon using all entitlement to annual leave and sick leave when such
use has been due to illness or injury as verified by a physician's
certification or for other extenuating circumstances beyond the employee's
control unless his or her disability is of such a nature as to permanently
incapacitate him or her from the performance of the duties of his or her
position. Upon exhaustion of annual leave and sick leave credits for the
reasons specified herein and with certification by a physician that the
employee is unable to perform his or her duties, a permanent employee shall be
granted a leave of absence without pay for a period not to exceed six months if
such employee is not permanently unable to satisfactorily perform the duties of
his or her position.
(13) For such other rules and administrative regulations, not
inconsistent with this article, as may be proper and necessary for its
enforcement.
(14) The board shall review and approve by rules the
establishment of all classified-exempt positions to assure consistent
interpretation of the provisions of this article.
The provisions of this section are subject to any
modifications contained in chapter five-f of this code. The board may include
in the rules provided for in this article such provisions as are necessary to
conform to regulations and standards of any federal agency governing the
receipt and use of federal grants-in-aid by any state agency, anything in this
article to the contrary notwithstanding. The board and the director shall see
that rules and practices meeting such standards are in effect continuously
after the effective date of this article.
NOTE: The purpose of this bill is
to exempt position classification for classified and classified- exempt
employees from the Public Employees Grievance Procedure and private cause of
action.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.