W. Va. Code R. § 90-4-6

Current through Register Vol. XLI, No. 25, June 21, 2024
Section 90-4-6 - Procedures
6.1. Generally. Procedures for the transfer process shall be developed by the West Virginia Division of Corrections and approved by the West Virginia Division of Personnel.
6.2. Procedures for Transfer and Reemployment.
6.2.a. The Department of Public Safety's Division of Corrections shall establish preliminary staffing requirements at the Mount Olive Correctional Complex, the Huttonsville Correctional Center and the Northern Regional Jail and Correctional Complex at Moundsville.
6.2.b. The Division of Corrections shall develop and maintain rank-ordered lists of all current employees of the West Virginia Penitentiary, who are in good standing. The lists shall be by occupational grouping and ranked by length of service.
6.2.c. As staffing requirements occur for eitherexisting or new operational units at the Mount Olive Correctional Complex, the Huttonsville Correctional Center or the Northern Regional Jail and Correctional Complex at Moundsville, Corrections shall offer available positions to existing employees of the West Virginia Penitentiary at Moundsville.
6.2.c.1. The Division of Corrections shall offer employees on the transfer list, in rank order, an opportunity for transfer to positions equivalent to the positions that they currently hold at the Penitentiary or lower positions within the same occupational grouping. An employee who declines an opportunity to transfer may remain on the transfer list and remain eligible for transfer to future vacant positions at the Mount Olive Correctional Complex, the Huttonsville Correctional Center and the Northern Regional Jail and Correctional Complex at Moundsville until closure of the Penitentiary at Moundsville.
6.2.c.2. Transfers, promotions, demotions or lateral class changes which may occur will follow WV Code '25-1-21, applicable Division of Personnel Administrative Regulations, and Division of Personnel policies.
6.2.d. No less than fifteen days prior to the closure of the West Virginia Penitentiary, all remaining employees at the Penitentiary shall be notified of the reduction-in-force in accordance with applicable Division of Personnel Administrative Regulations.
6.2.e. The "bumping" provisions of WV Code '29-6-10 (5) and the Division of Personnel Administrative Regulations are not applicable to employees affected by a reduction-in-force upon closure of the West Virginia Penitentiary at Moundsville, since that organizational unit ceases to remain in operation and likewise all positions of that organizational unit cease to exist. Other provisions of the aforementioned sections are applicable.

W. Va. Code R. § 90-4-6