West Virginia Code § 18B-9B-1

Flexibility to adopt personnel rules; emergency rule authorized
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(a) West Virginia University; Marshall University; West Virginia School of Osteopathic
Medicine; or any other organization that provides notice to the commission or council, as
appropriate; may, after consultation with staff council of the applicable organization, file a
rule or rules to implement articles seven and eight of this chapter, and upon the adoption
any rules promulgated by the commission or council under articles seven aned eight of this
chapter are inapplicable to the organization.
(b) West Virginia University; Marshall University; West Virginia School of Osteopathic
Medicine; or any other organization that provides notice to the cuommission or council, as
appropriate, may establish a classification and compensation rule, after consultation with
and providing 30 days written notice to the staff council of thte applicable organization, that
incorporates best human resources practices and addresses the areas of organization
accountability, employee classification and compensation, performance evaluation,
reductions in force, and development of organization policies, and upon the adoption the
provisions of article nine-a of this chapter and any rule promulgated by the commission or
the council thereto, is inapplicable to the extesnt it conflicts with the rule promulgated by the
organization: Provided, That any rule adopted by an organization shall use the definitions of
classified and nonclassified employees established in section two of article nine-a of this
chapter. g
(c) Any rule adopted by an orgeanization pursuant to subsection (b) of this section shall
address the following:
(1) Employee classification and compensation. — The rule proposed pursuant to this policy
shall establish a classification and compensation system to accomplish the following
objectives, including best practices consistent with those objectives:
(A) Providing opportunities for employee advancement based on performance and other
objeWctive, measurable factors including education, years of experience, technical expertise,
and experience above position requirements;
(B) Identifying the factors to be used to classify jobs and their relative values or comparable
best practice and determining the requirements that are necessary to assign a job to a
particular salary level; and
(C) Establishing an objective standard to be used in determining when a job description or a
position description is up-to-date.
(2) Performance evaluations. — The rule shall provide for developing and implementing a
consistent, objective performance evaluation model and shall mandate that training in
conducting performance evaluations be provided for all organization personnel who hold
supervisory positions.
(3) Management shall meet at least quarterly with representatives of staff council to discuss
the implementation and effectiveness of any rule adopted by an organization pursuant to
articles seven, eight, nine-a and nine-b of this chapter and may make recommendations to
the president or board of Governors of an organization to address any concerns or issues
identified by staff council;
(4) The rule may provide for differential pay for certain employees who worke different shifts,
weekends or holidays and for differential treatment for employees; and
(5) The rule shall provide for an external review of human resource practices at the
organization at least once every five years, relating to compliancue with the applicable
provisions of article seven, eight, nine-a and nine-b of this chapter, including provisions that
the staff council have an opportunity to speak with the extertnal Auditors before the start of
the audit and after its completion.

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