WV House poised to OK taking civil service status, grievance access from state workers

A vote on House passage of HB 2013 is scheduled for Monday after it was advanced by the Government Organization Committee Wednesday.

The bill follows House passage of HB 2008 and HB 2009, which would apply the same civil service and grievance procedure access removals to future and reassigned employees within the Department of Economic Development and Department of Tourism, respectively. HB 2008 and HB 2009 were under Senate Government Organization Committee consideration as of Friday.

Like HB 2008 and HB 2009, HB 2013 is a Gov. Patrick Morrisey-requested bill that would take effect July 1, if enacted.

Morrisey has criticized the state’s civil service system, arguing that gutting it would make state government more meritocratic and dismissing concern it would result in state agencies hiring based on politics. He has asserted that as West Virginia’s governor, it’s his job to choose who serves in state government.

Opponents of Morrisey’s moves to attack the civil service system say they’re protecting workers and guarding against politicization of state government.

In a civil service system, government jobs are awarded based on merit rather than political affiliation. Chapter 29, Article 6, Section 1 of West Virginia code states the purpose of the state’s civil service system is to “attract … to the service of this state personnel of the highest ability and integrity by the establishment of a system of personnel administration based on merit principles.�

State grievance procedures, outlined in Chapter 6C, Article 2 of West Virginia code, allow claims by employees alleging a violation of state statutes and rules regarding compensation, hours, employment terms and conditions, employment status and discrimination. The procedures cover incidents of harassment and favoritism.

“Civil service is merit-based already,� Delegate Kayla Young, D-Kanawha, said in opposition to HB 2013 before its advancement at Wednesday’s Government Organization Committee meeting. “That’s literally the definition of civil service.�

Kanawha delegates offer differing views

Delegate Tristan Leavitt, R-Kanawha, argued in favor of HB 2013, characterizing it as a “transformative� move away from what he asserted was a state civil service system that doesn’t sufficiently compensate based on “merit, individual talent and what they accomplished in their job.�

“[T]he bulk of these [changes] will happen by new hires coming outside of the system,� Leavitt said. “I know that will be slow, but I think it’s worth it. I think it’s worth it to start now, so that 10 years from now, we’re in a place where we really can reward merit in our state government.�

Per state law, a state personnel board can issue rules for a position classification plan for both positions in classified service and exempt from it, based on duties and responsibilities, so the same qualifications may be required for and same pay schedule may be applied to all positions in the same class.

Delegate Dana Ferrell, R-Kanawha, spoke out against HB 2013, noting he has many constituents who work in state government.

“I’m going to go with the assumption and always do assume that they’re doing a good job. They’re trying to do the best job they can,� Ferrell said. “They were hired under these pretenses, and then we’re going to change the rules on them in the middle of the game. I just don’t see that as a good working environment. We’re not sending a good signal to those workers.�

Young predicted HB 2013 would lead to “being able to hire and fire en masse.�

“I don’t want that to happen,� Young said.

‘The state’s version of DOGE’

HB 2008 would rebrand the Department of Economic Development as the Division of Economic Development and place it within the Department of Commerce.

HB 2009 would abolish the Department of Arts, Culture and History and reorganize its sections and commissions under the Department of Tourism, a measure stripped from the original version of HB 2008 before the Government Organization Committee approved both bills.

Spun off from the Department of Commerce in 2021, the Department of Economic Development houses the state’s Small Business Development Center, Office of Energy and other business, industrial and community advancement units.

Per HB 2009, the Department of Arts, Culture and History would be abolished effective July 1. The Department of Tourism would be reconfigured to include Arts, State Library, Museums, Historic Preservation and other sections, as well as the National Coal Heritage Area Commission and Educational Broadcasting Commission.

HB 2009 would eliminate requirements for the director of the state’s Archives and History division to have a graduate degree in a social science or equivalent training and three years’ experience in administration in West Virginia or other history or in records, library or archives management.

Similarly, the bill would remove requirements that the State Library section director have a master’s degree from an American Library Association-accredited program in a library-related discipline and three years of management or administrative work experience in a library.

The bill only requires “relevant experience� for the Archives and History and State Library division directors.

The bill would remove a requirement that the State Library Commission approve the appointment of a State Library Section director, a power it would vest in the Department of Tourism secretary rather than the eliminated position of Department of Arts, Culture and History secretary.

“[W]hat you’re about to pass is the state’s version of DOGE,� Minority Leader Sean Hornbuckle, D-Cabell, said in a House floor speech this month, referencing the Department of Government Efficiency, a new commission President Donald Trump charged with cutting federal spending, setting up layoffs of tens of thousands of federal employees. “We’re going to allow just mass firing [at] the governor’s will, to do this? None of us were put here for this.�