The West Virginia House of Delegates Government Organization Committee is pictured at its Feb. 27, 2025, meeting.
PERRY BENNETT | WV Legislative Photography
West Virginia lawmakers have advanced legislation requested by Gov. Patrick Morrisey that would bar certain future employees from the state’s classified civil service system and strip them of the right to grievance procedures amid a proposed far-reaching reorganization of state agencies.
The House of Delegates Government Organization Committee on Thursday approved House Bill 2008, which would bar employees of the Department of Economic Development from the state’s classified civil service system and cut off their access to state grievance procedures.
The House Government Organization Committee on Thursday also approved a bill that had not been available for public view prior to its meeting, Originating HB 1. The bill, which became HB 2009, would impose the same prohibitions from the civil service system and grievance procedures for future Department of Tourism employees.
Employees of the Department of Economic Development and Department of Tourism wouldn’t be subject to the changes if they are already members of the civil service system and would keep access to state grievance procedures if they stay in their current position. Moving to a new position within those agencies, though, would prompt removal from the civil service system and from state grievance procedure access.
HB 2008 would rebrand the Department of Economic Development as the Division of Economic Development and place it within the Department of Commerce.
Originating HB 1 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.
The civil service system and grievance procedure cut-offs would take effect July 1.
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.
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.â€
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.
‘I want to pick the best people’
Morrisey criticized the state’s civil service system during a news conference Friday, suggesting HB 2008 would make state government more meritocratic and dismissing concern it would result in state agencies hiring based on politics.
But Morrisey asserted that as West Virginia’s governor, it’s his job to choose who serves in state government.
“Well, look, I serve as the governor, and I’m very fortunate that the voters asked me to serve as the chief executive of the state,†Morrisey said. “The chief executive is asked to manage all the departments and the agencies, including all the employees. I want to pick the best people for all those jobs, but as I’ve mentioned to people, I want to bring accountability, efficiency and quality to bear.â€
Bill would abolish agency and relax director requirements
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.
The originating bill approved by the Government Organization Committee 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.
Delegate Kayla Young, D-Kanawha, opposed the two bills the Government Organization Committee approved with little discussion during its meeting.
“I don’t want all of our employees in the state to be hired and fired at will,†Young said.
Young criticized the committee for resorting an originating bill on the 16th day of the legislative session.
Committees may originate and introduce bills within their general scope not previously posted for public view during meetings, a move that lawmakers sometimes make later in the 60-day session for legislative speed.
“We have plenty of time, and this has completely gotten rid of the new deliberate process that we have,†Young said, alluding to the House’s new legislative procedures that include a requirement that bills referred to a committee are to take two steps on separate days: a hearing and markup/discussion.
Young also argued the head of the State Library Section should be a librarian and be knowledgeable about libraries.
Politicized civil service throughout federal and state government agencies historically has been synonymous with compromised public services.
Under West Virginia code, offices and positions exempt from classified civil service include:
All judges, officers and employees of the judiciary
All members, officers and employees of the Legislature
All officers elected by popular vote and employees of the officer
All secretaries of departments and employees within the office of a secretary
All employees of the Governor’s Office
The Division of Personnel within the Department of Administration evaluates applicants for appointment or promotion to positions in the classified service and establishes a system of classification for classified and “classified-exempt†positions.
Per West Virginia code, employers are prohibited from “reprisal or retaliation of any kind†against a grievant or any other participant in a grievance proceeding because of their participation. Although class actions aren’t permitted, one or more employees may file a grievance on behalf of a group of similarly situated employees.
Morrisey suggested the legislation he requested was “not disruptive†because state employees could stay in their current jobs.
“And because we’re sensitive, we’ve drafted this in a way that this would get upheld in court,†Morrisey said.
Mike Tony covers energy and the environment. He can be reached at mtony@hdmediallc.com or 304-348-1236. Follow @Mike__Tony on X.
