SB 593 — Mandating cost of living salary adjustment policy for state employees

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 593 NOTEB ByYSENATORS SenatorsBARRETT, Barrett,RUCKER,ANDM Rucker,ARONEY and[Originating Maroneyin [Introducedthe FebruaryCommittee 09,on 2023;Finance;

referredreported on February 27, 2023] CS for SB 593 A BILL to amend the CommitteeCode onof GovernmentWest Organization;Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7;

and then to the Committee on Finance] Intr SB 593 2023R3523 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-7;

and to amend said code by adding thereto a new section, designated §18A-4-5c, all relating to mandating executive branch agencies, State Police, and county boards of education implementdevelop and report an area cost-of-livingmarket rate salary adjustment policy;

directing state agencies, State Police, and county boards of education implementdevelop and report an area cost-of-livingmarket rate salary adjustment policy by certain date;

and providing that no private cause of action or right to grievance arises from enactment or operation of the policy.

GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATESTATE, AND ATTORNEY GENERAL;

Mandatory area cost-of-livingmarket rate salary adjustment program;

(a) The Legislature finds that:

(1) Certain areas of the state are experiencing higher economic growth and more rapid increases in the costs of living when compared with other areas of the state;

(2) The state is losing valuable public employees in these areas because salaries and benefits are not competitive with the salaries and benefits paid to employees of other entities, including other state governments, the federal government, and private employers;

Stateand employees(3) inSalary theseadjustments areasare requirenecessary adjustmentsand inprudent salary to offsetensure rapidall increasesemployees inhave costsa standard of living,living whichthat areis muchuniform higherthroughout when compared to other areas of the state;state.

andCS Intrfor SB 593 2023R3523(b) SalaryThe adjustmentsLegislature arehereby necessarydirects andthat prudentall toexecutive ensurebranch allstate employeesagencies havedevelop aan standardarea ofmarket livingrate thatsalary isadjustment uniformpolicy throughoutno thelater state.than July 1, 2025.

The(c) LegislatureEvery hereby directs that all Executive Branch state agencies develop and implement an area cost-of-livingmarket rate salary adjustment policy byshall, noat latera thanminimum, Julyinclude: 1, 2025.

Every(1) areaCriteria cost-of-livingfor salarythe adjustmentexecutive policyhead shall,of atthe aagency minimum,to include:designate counties or areas within counties to which any area market rate salary adjustment shall apply;

Criteria(2) forDesignation of the executiveamount heador range of theincreases spendingthat unitmay tobe designategranted countiespursuant orto areasthe withinpolicy countiesand the positions to which anythe areaincreases cost-of-livingmay salary adjustment shall apply;

Designation(3) ofProvisions that the amountpolicy ormay rangenot ofbe construed to prohibit other pay increases based on merit, seniority, promotion, or other reason, and further providing that mayany beincrease grantedin compensation pursuant to the area market rate salary adjustment policy andshall thebe positionsgranted prior to whichconsideration theof increasesany mayother apply;increases;

(4) Provisions that the policy may not be construedapplied to prohibitpositions otherregardless payof increasesclassification based on merit, seniority, promotion, or othertitle; reason, and further providing that any increase in compensation pursuant to the area cost-of-living salary adjustment policy shall be granted prior to consideration of any other increases;

(5) Provisions that theif, policyfollowing mayan beincrease appliedin salary pursuant to positionsthe regardlesspolicy, ofan employee will make more than the maximum allowable range established for the position classification by statute, statutory schedule, or title;the West Virginia Division of Personnel, the increase shall still take effect and the employee shall make more than the pay grade or classification maximum;

(6) Provisions thatfor if,reduction followingor antermination of any increase in salary pursuant to the policy, an employeeemployee’s willsalary makeif more than the maximumemployee allowableno rangelonger establishedqualifies for thean positionincrease classificationunder by statute, statutory schedule, or the Westterms Virginia Division of Personnel, the increasepolicy; shall still take effect and the employee shall make more than the pay grade or classification maximum;

(7) Provisions forthat reductionthe orpolicy terminationmay ofnot anybe increaseconstrued into mandate an employee’sincrease salaryin if the employeesalary noof longerany qualifieselected foror anappointed increaseofficer under the terms of the policy;state;

(8) Provisions that theno policyright mayto notgrievance beor construedprivate tocause mandateof anaction, increaseeither inexpress theor salaryimplied, ofis anycreated, electedmay be inferred, or appointedotherwise officermay arise from the provisions or enactment of the state;policy;

and (9) Provisions that the policy shall be reviewed and updated annually.

CS for SB 593 (d) The policy mandated by this section shall be provided to the President of the Senate, the Speaker of the House of Delegates, the Governor’s Office, and the State Budget Office in writing and electronically by no later than September 1, 2023.

Intr(e) SB 593 2023R3523 It is the specific intent of the Legislature that no right to grievance or private cause of action, either express or implied, is created or otherwise may arise from the enactment,provisions provisions, or implementation of this section.

Mandatory area cost-of-livingmarket rate salary adjustment policy;

The superintendent shall develop,develop implement, and report an area cost-of-livingmarket rate salary adjustment policy in accordance with the provisions of §5-5-7 of this code.

SALARIES, WAGESWAGES, AND OTHER BENEFITS.

Mandatory area cost-of-livingmarket rate salary adjustment policy;

Each county board of education shall develop,develop implement, and report an area cost-of-livingmarket rate salary adjustment policy in accordance with the provisions of §5-5-7 of this code for professional and service personnel.

Notwithstanding any other provision of this code to the contrary, a county board may use local funds in the implementation of a cost-of-living salary adjustment policy and local funds need not be used in a uniform manner in the policy’s implementation.

NOTE:

The purpose of this bill is to mandate executive branch agencies, the State Police, and county boards of education develop and implement an area cost-of-living salary adjustment program by no later than July 1, 2025.

The bill sets out the terms that any such policy shall, at a minimum, include.

The bill further provides that no private cause of action or right to grievance shall arise as a result of enactment or operation of this policy.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.