W. Va. Code R. § 143-7-3

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 143-7-3 - Authorization of Transfers

When it becomes necessary by reason of shortage of work or funds, abolition of position, or material changes in duties or organization, a department secretary, in lieu of or preliminary to a layoff, may enter into an agreement with another department secretary to transfer a permanent state employee from a position that is to be consolidated or eliminated to a funded vacant position in another department, in accordance with the provisions of this rule. As the intent of this rule is, whenever possible, to provide continuous employment for permanent state employees whose positions are to be consolidated or eliminated instead of laying off those employees, the Director of Personnel shall interpret this rule in a manner consistent with existing law and rule regarding layoff.

3.1. Prior to an interdepartmental transfer due to consolidation or elimination of a position, the department secretary shall submit to the State Personnel Board for approval a description of the organizational unit or units to which a consolidation or elimination will apply and from which the transfer will be made. The organizational unit may be an entire agency, division, bureau, or other organizational unit.
3.2. Prior to the interdepartmental transfer of any employee, the department secretary shall file with the Director a proposed plan which shall include:
a. a statement of the circumstances requiring the consolidation or elimination;
b. the approved organizational unit(s) in which the proposed consolidation or elimination will take place;
c. a list of each job class affected by the consolidation or elimination;
d. a list of all employees, in order of retention, in each job class in the approved organizational unit affected by the consolidation or elimination;
e. the number of positions, by job class, to be eliminated or consolidated; and,
f. a copy of the proposed agreement to be entered into by the department secretaries between which the transfer is to be made, including the number of positions, by job class, into which employees are proposed to be transferred.
3.3. It is the duty of the Director of Personnel to verify the details on which the plan is based and to notify the department secretaries in writing of the approval of the plan.

W. Va. Code R. § 143-7-3