Authority: Title 14.1, Chapter 1, Articles 7, 8 and 9; Title 14.1, Chapter 2, Article 3, Code of Virginia.

A.1. In determining the salary of any officer specified in Items 73, 74, 75, 76, and 77 of this act, the Compensation Board shall use the most recent final population estimate from the United States Bureau of the Census or the Center for Public Service of the University of Virginia available when fixing the officer's annual budget and shall adjust such population estimate, where applicable, for any annexation or consolidation order by a court when such order becomes effective. There shall be no reduction in salary by reason of a decline in population during the terms in which the incumbent remains in office.

2. In determining the salary of any officer specified in Items 73, 74, 75, and 76 of this act, nothing herein contained shall prevent the governing body of any county or city from supplementing the salary of such officer in such county or city for additional services not required by general law; provided, however, that any such supplemental salary shall be paid wholly by such county or city.

B.1. Notwithstanding any other provision of law, the Compensation Board shall authorize and fund permanent positions for the locally elected constitutional officers, including the principal officer, at the following levels:

2. The Compensation Board is authorized to provide funding for 548 temporary positions the first year and 548 temporary positions the second year.

3. The Board is authorized to adjust the expenses and other allowances for such officers to maintain approved permanent and temporary manpower levels.

4. Paragraphs B.1. and B.2. of this Item shall not apply to the clerks of the circuit courts and their employees specified in § 14.1-144.1, Code of Virginia, or those under contract pursuant to § 14.1-162, Code of Virginia.

5. The Compensation Board shall provide the Chairmen of the House Appropriations Committee and Senate Finance Committee with a report by January 1 of each year showing staffing requests submitted by constitutional officers in their annual budget requests and Compensation Board action taken on such requests. Such report shall include the Compensation Board's review and analysis of the constitutional officers' requests and their relative priority, and shall identify the offices requiring additional staff due to court orders, workload increases, staffing requirements of §14.1-70, Code of Virginia, and Item 73, Paragraph E of this act, and Compensation Board minimum staffing standards. The General Assembly may consider future staffing requests from constitutional officers in accordance with the relative priorities established by this report and after the constitutional officers' remedies under § 14.1-52, Code of Virginia, have been exhausted.

6. A regional jail authority constituted subsequent to July 1, 1995, pursuant to Articles 3.1 (§ 53.1-95.2 et seq.) or 5 (§ 53.1-105 et seq.) of Chapter 3 of Title 53.1 and having as a member jurisdiction at least one city having a 1990 population of not more than 70,000 and not less than 60,000, as determined by the U. S. Census Bureau, may enter into a contract with one or more member jurisdictions and the sheriffs of such jurisdictions, for the sheriff to provide jail officer security services to the regional jail authority. Such officers as are required to provide security services shall remain appointees of the sheriff. The total complement of jail officers funded by the Compensation Board in the regional jail, including any provided through a contractual agreement, shall not exceed that which would normally be funded by the Compensation Board for a regional jail, in the absence of a contractual agreement. The total officers provided by the sheriff under the contractual agreement shall not exceed the total corrections officers approved by the Compensation Board for the sheriff as of January 1, 1995.

C.1. Reimbursement by the Compensation Board for the use of vehicles purchased or leased with public funds used in the discharge of official duties shall be at a rate equal to that approved by the Joint Legislative Audit and Review Commission for Central Garage Car Pool services.

2. Reimbursement by the Compensation Board for the use of personal vehicles in the discharge of official duties shall be at a rate equal to that established in § 4-5.06.f.2. of this act. All such requests for reimbursement shall be accompanied by a certification that a publicly owned or leased vehicle was unavailable for use.

D.1. Compensation Board payments of, or reimbursements for, the employer paid contribution to the Virginia Retirement System, or any system offering like benefits, shall not exceed the Commonwealth's proportionate share of the following, whichever is less: (a) the actual retirement rate for the local constitutional officer's office or regional correctional facility as set by the Board of the Virginia Retirement System; or, (b) the employer rate established for the general classified workforce of the Commonwealth covered under the Virginia Retirement System.

2. The rate specified in Paragraph D.1. shall exclude the cost of any early retirement program implemented by the Commonwealth.

3. Any employer paid contribution costs for rates exceeding those specified in Paragraph D.1. shall be borne by the employer.

E. The Compensation Board is directed to examine the current level of crowding of inmates in local jails among the several localities and to reallocate or reduce temporary positions among local jails as may be required, consistent with the provisions of this act.

F. Following the close of each fiscal year the Comptroller shall certify the amount of revenues deposited to the general fund during that year which are attributable to fees for service of process by sheriffs' departments. To the extent that such revenues, which result from legislation adopted at the 1995 General Assembly, exceed the cost to the state for fringe benefits for local Constitutional officers and their employees, such excess shall be returned to local governments.

G. Any new positions established in Item 71 of this act shall be allocated by the Compensation Board upon request of the constitutional officers in accordance with staffing standards and ranking methodologies approved by the Compensation Board, to fulfill the requirements of any court order occurring from proceedings under §14.1-51, Code of Virginia, in accordance with the provisions of Item 73 of this act, or in accordance with §14.1-70, Code of Virginia.

H. Any funds appropriated in this act for performance pay increases for designated deputies or employees of constitutional officers shall be allocated by the Compensation Board upon certification of the constitutional officer that the performance pay plan for that office meets the minimum standards for such plans as set by the Compensation Board. Nothing herein, and nothing in any performance pay plan set by the Compensation Board or adopted by a constitutional officer, shall change the status of employees or deputies of constitutional officers from employees at will or create a property or contractual right to employment. Such deputies and employees shall continue to be employees at will who serve at the pleasure of the constitutional officers.

I. The Compensation Board shall apply the current fiscal stress factor, as determined by the Commission on Local Government, to any funds general fund amounts approved by the Board for the purchase, lease or lease purchase of equipment for constitutional officers. In the case of equipment requests from regional jail superintendents and regional special prosecutors, the highest stress factor of a member jurisdiction will be used.

J. There is hereby reappropriated the unexpended balance remaining at the close of business on June 30, 1996 in the appropriation made in Item 80 of Chapter 853, Acts of Assembly (1995), and any amendment thereto, in the subprogram Administrative and Support Services, and the balance remaining in this subprogram on June 30, 1997.

K. The Compensation Board shall not approve or commit additional funds for the operational cost, including salaries, for any local or regional jail construction, renovation, or expansion project which was not approved for reimbursement by the State Board of Corrections prior to January 1, 1996, unless: (1) the Secretary of Administration certifies that such additional funding results in an actual cost savings to the Commonwealth, or (2) an exception has been granted as provided for in Item 469 of this act.

L. The general fund revenues available for appropriation listed for the first year in Enactment No. 1 of this act include reversions in the amount of $7,946,465 from the reappropriations authorized in Items 73 (I) and 78 (J) of this act.