SB 615 — Providing ongoing mechanism for county commissioners to allow compensation increases for elected officials every two years

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 615 By Senators Trump, Plymale, and BosoBoso, [Introducedoriginal Februarysponsors 14,[Originating 2019;in the Committee on Government Organization;

ReferredReported toon theFebruary Committee22, on2019] Government  Organization]  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.

(1)(a) 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)(b) and (7) (4)(d) 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§7-7-1 section one of this article.code.

(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)(b) Prior to July 1, 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)(c) 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)(d) 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)(d) Prior to July 1, 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)(e) Any county clerk, circuit clerk, county assessor, prosecuting attorneyattorney, 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'scounty’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)(f) 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 yearsyears. or three percent, whichever is greater.

(7)(g) 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 IndexIndex, or three percent, whichever is greater, then the county commission may fix the salary of the countcounty commissioners and the other elected county officials at an annual rate of salary to which the county official is entitleentitled pursuant to the salary schedule contained in this section including an increase up to the increase in the Consumer Price IndexIndex, or three percent, whichever is greater, as determined by the county commission.

(8)(h) Before the increased salaries are paid to the county commissioners and the elected county officials, the following requirement must be met:

(A)(1) Each county commissioner or other elected official described in this subsectionsection in office on the effective date of the increased salaries provided by this subsectionsection 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 subsectionsection who fails to file the written agreement as required by this paragraphsubsection is the salary for that office in effect immediately prior to the effective date of the increaseincreased salaries provided by this subsectionsection until the person vacatedvacates the office or his or her term of office expires, whichever first occurs.

(B)(2) Any request for a salary increase shall use the following language:

This salary increase is effective July 1, [year].” [Signature of office holder] [Date] (9)(i) 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.

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 yearsyears. or three percent, whichever is greater.

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