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2000 Session

Budget Bill - HB30 (Chapter 1073)

Item 4-6.01

Item 4-6.01

§ 4-6.01 EMPLOYEE COMPENSATION


a. The compensation of all kinds and from all sources of each appointee of the Governor and of each officer and employee in the Executive Department who enters the service of the Commonwealth or who is promoted to a vacant position shall be fixed at such rate as shall be approved by the Governor in writing or as is in accordance with rules and regulations established by the Governor. No increase shall be made in such compensation except with the Governor's written approval first obtained or in accordance with the rules and regulations established by the Governor. In all cases where any appointee, officer or employee is employed or promoted to fill a vacancy in a position for which a salary is specified by this act, the Governor may fix the salary of such officer or employee at a lower rate or amount within the respective level than is specified. In those instances where a position is created by an act of the General Assembly but not specified by this act, the Governor may fix the salary of such position in accordance with the provisions of this subsection.


b. Annual salaries of persons appointed to positions listed below shall be paid in the amounts shown.


July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Secretary of Administration

$124,435

$128,479

$128,479

Secretary of Commerce and Trade

$124,435

$128,479

$128,479

Secretary of the Commonwealth

$124,435

$128,479

$128,479

Secretary of Education

$124,435

$128,479

$128,479

Secretary of Finance

$124,435

$128,479

$128,479

Secretary of Health and Human Resources

$124,435

$128,479

$128,479

Secretary of Natural Resources

$124,435

$128,479

$128,479

Secretary of Public Safety

$124,435

$128,479

$128,479

Secretary of Technology

$124,435

$128,479

$128,479

Secretary of Transportation

$124,435

$128,479

$128,479


c.1.a) Annual salaries of persons appointed to positions listed in subdivision c 6 hereof shall be paid in the amounts shown for the current biennium, unless changed in accordance with conditions stated in subdivisions c 2 through c 5 hereof.


b) The starting salary of a new appointee shall not exceed the midpoint of the range, except where the midpoint salary is less than a ten percent increase from an appointee's preappointment compensation. In such cases, an appointee's starting salary may be set at a rate which is ten percent higher than the preappointment compensation, provided that the maximum of the range is not exceeded.


c) Nothing in subdivision c 1 shall be interpreted to supersede the provisions of § 4-6.01 e, f, g, h, i, j, k, l, and m of this act.


2.a) The Governor may increase or decrease the annual salary for incumbents of positions listed in subdivision c 6 below at a rate of up to 10 percent in any single fiscal year between the minimum and the maximum of the respective salary range in accordance with an assessment of performance and service to the Commonwealth.


b)1) The appointing or governing authority may grant performance bonuses of 0-5 percent for positions whose salaries are listed in §§ 1-1 through 1-9, and 4-6.01 b, c, and d of this act, based on an annual assessment of performance, in accordance with policies and procedures established by such appointing or governing authority. Such performance bonuses shall be over and above the salaries listed in this act, and shall not become part of the base rate of pay.


2) The appointing or governing authority shall report performance bonuses which are granted to executive branch employees to the Department of Personnel and Training for retention in its records.


c) The Director, Department of the State Internal Auditor, shall be deemed to be included, effective July 1, 1987, in the performance appraisal system as established pursuant to § 4-6.01 c 1 of Chapter 643, 1986 Acts of Assembly, with any salary increase resulting therefrom applied to his salary as established in the state classified system. Such salary increase shall be in lieu of any proficiency increase for which he may be eligible in the classified system.


3. From the effective date of the Executive Pay Plan set forth in Chapter 601, Acts of Assembly of 1981, all incumbents holding positions listed in this § 4-6.01 shall be eligible for all fringe benefits provided to full-time classified state employees and, notwithstanding any provision to the contrary, the annual salary paid pursuant to this § 4-6.01 shall be included as creditable compensation for the calculation of such benefits.


4. With the prior annual written approval of the Governor, the Board of Commissioners of the Virginia Port Authority may supplement the salaries of its Executive Director, its Senior Managing Director of Marketing Services and its marketing staff from nonstate funds provided by any nonstock, nonprofit corporation which is authorized by the Virginia Port Authority to operate port facilities of the Commonwealth under its jurisdiction. In approving such supplements, the Governor should be guided by criteria which provide a reasonable limit on the total additional income of the Executive Director, the Senior Managing Director of Marketing Services and the marketing staff. The criteria should include, without limitation, a consideration of the salaries paid to similar officials at comparable ports of other states.


5. With the prior annual written approval of the Governor, the Board of Trustees of the Virginia Museum of Fine Arts, The Science Museum of Virginia, the Jamestown-Yorktown Foundation, and The Library Board may supplement the salary of the Director of each museum and the Librarian of Virginia from nonstate funds. In approving a supplement, the Governor should be guided by criteria which provide a reasonable limit on the total additional income of the Director or Librarian of Virginia. The criteria should include, without limitation, a consideration of the salaries paid to similar officials at comparable museums and libraries of other states.


6. The following salaries shall be paid for the current biennium in the amounts shown, however, all salary changes shall be subject to subdivisions c 2 through c 5 above.


July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Level I Range

$90,527 - $143,126

$93,469 -$147,778

$93,469 -$147,778

Midpoint

$116,826

$120,623

$120,623

Commissioner, Department of Motor Vehicles

$113,295

$116,977

$116,977

Commissioner, Department of Social Services

$113,295

$116,977

$116,977

Commissioner of Mental Health, Mental Retardation and Substance Abuse Services

$113,291

$116,973

$116,973

Commonwealth Transportation Commissioner

$114,981

$118,718

$118,718

Director, Department of Corrections

$119,980

$123,879

$123,879

Director, Department of Environmental Quality

$113,295

$116,977

$116,977

Director, Department of Information Technology

$113,295

$116,977

$116,977

Director, Department of Medical Assistance Services

$120,734

$124,658

$124,658

Director, Department of Planning and Budget

$113,295

$116,977

$116,977

Director, Department of Technology Planning

$113,295

$116,977

$116,977

State Health Commissioner

$135,746

$140,158

$140,158

State Tax Commissioner

$113,295

$116,977

$116,977

Superintendent of Public Instruction

$138,800

$143,311

$143,311

Superintendent of State Police

$118,730

$122,589

$122,589


July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Level II Range

$78,720 - $124,458

$81,278-$128,503

$81,278-$128,503

Midpoint

$101,589

$104,891

$104,891

Alcoholic Beverage Control Commissioners (two)

$82,485

$85,166

$85,166

Chairman, Alcoholic Beverage Control Board

$96,233

$99,361

$99,361

Commissioner, Department of Agriculture and Consumer Services

$87,484

$90,327

$90,327

Commissioner, Virginia Employment Commission

$113,297

$116,979

$116,979

Director, Department of Business Assistance

$103,085

$106,435

$106,435

Director, Department of General Services

$98,518

$101,720

$101,720

Director, Department of Mines, Minerals and Energy

$113,605

$117,297

$117,297

Director, Department of Personnel and Training

$112,352

$116,003

$116,003

Director, Department of Juvenile Justice

$98,517

$101,719

$101,719

Executive Director, Motor Vehicle Dealer Board

$89,543

$92,453

$92,453

Executive Director, Virginia Port Authority

$115,356

$119,105

$119,105

Executive Secretary, Charitable Gaming Commission

$85,000

$87,762

$87,762

State Comptroller

$112,653

$116,314

$116,314

State Treasurer

$112,653

$116,314

$116,314

July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Level III Range

$68,453 -$108,227

$70,678 - $111,744

$70,678 - $111,744

Midpoint

$88,339

$91,210

$91,210

Adjutant General

$94,983

$98,070

$98,070

Chairman, Virginia Parole Board

$101,888

$105,199

$105,199

Members (three), Virginia Parole Board

$85,667

$88,451

$88,451

Member, Virginia Parole Board

$92,437

$95,441

$95,441

Commissioner, Department of Labor and Industry

$102,419

$105,748

$105,748

Commissioner, Department of Rehabilitative Services

$108,227

$111,744

$111,744

Commissioner, Marine Resources Commission

$94,376

$97,443

$97,443

Coordinator, Department of Emergency Services

$84,853

$87,611

$87,611

Director, Department of Aviation

$87,843

$90,698

$90,698

Director, Department of Conservation and Recreation

$104,642

$108,043

$108,043

Director, Department of Criminal Justice Services

$99,982

$103,231

$103,231

Director, Department of Employee Relations Counselors

$96,688

$99,830

$99,830

Director, Department of Historic Resources

$85,667

$88,451

$88,451

Director, Department of Housing and Community Development

$96,439

$99,573

$99,573

Director, Department of Rail and Public Transportation

$104,955

$108,366

$108,366

Director, The Science Museum of Virginia

$99,875

$103,121

$103,121

Director, Virginia Liaison Office

$82,612

$85,297

$85,297

Director, Virginia Museum of Fine Arts

$103,718

$107,089

$107,089

Director, Virginia Museum of Natural History

$85,667

$88,451

$88,451

Executive Director, Chesapeake Bay Local Assistance Department

$89,393

$92,298

$92,298

Executive Director, Department of Game and Inland Fisheries

$102,874

$106,217

$106,217

Executive Director, Jamestown-Yorktown Foundation

$99,235

$102,460

$102,460

Executive Secretary, Virginia Racing Commission

$83,480

$86,193

$86,193

Librarian of Virginia

$98,875

$102,088

$102,088

State Forester, Department of Forestry

$91,235

$94,200

$94,200

Superintendent, Department of Correctional Education

$104,955

$108,366

$108,366

July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Level IV Range

$59,525 -$94,119

$61,460 - $97,178

$61,460 - $97,178

Midpoint

$76,823

$79,320

$79,320

Administrator, Commonwealth's Attorneys' Services Council

$76,176

$78,652

$78,652

Administrator, Milk Commission

$74,494

$76,915

$76,915

Commissioner, Department for the Aging

$91,274

$94,240

$94,240

Commissioner, Virginia Department for the Visually Handicapped

$82,243

$84,916

$84,916

Director, Department of Professional and Occupational Regulation

$86,597

$89,411

$89,411

Director, Department of Health Professions

$89,359

$92,263

$92,263

Director, Department of Minority Business Enterprise

$91,263

$94,229

$94,229

Executive Director, Commission on Local Government

$89,507

$92,416

$92,416

Executive Director, Commonwealth Competition Council

$88,742

$91,626

$91,626

Executive Director, Frontier Culture Museum of Virginia

$79,441

$82,023

$82,023

Executive Director, Governor's Employment and Training Department

$85,667

$88,451

$88,451

Human Rights Director, Council on Human Rights

$74,494

$76,915

$76,915

Secretary, State Board of Elections

$75,969

$78,438

$78,438

July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Level V Range

$51,761 -$81,918

$53,443 - $84,580

$53,443 - $84,580

Midpoint

$66,840

$69,012

$69,012

Director, Department for Rights of Virginians with Disabilities

$76,333

$78,814

$78,814

Director, Department of Veteran's Affairs

$69,988

$72,263

$72,263

Director, Gunston Hall

$66,840

$69,012

$69,012

Director, Virginia Department for the Deaf and Hard-of-Hearing

$64,818

$66,925

$66,925

Executive Director, Department of Fire Programs

$79,441

$82,023

$82,023

Executive Director, Virginia Commission for the Arts

$66,922

$69,097

$69,097

Executive Secretary, Virginia Veterans Care Center Board of Trustees

$68,899

$71,138

$71,138

Chairman of Board

Chairman, Compensation Board

$17,871

$18,452

$18,452


7. Annual salaries of the directors of the independent agencies, as listed in this subdivision, shall be paid in the amounts shown. All salary changes shall be subject to subdivisions c 1, c 2, and c 3 above.


July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002

Independent Range

$78,720 -$124,458

$81,278 - $128,503

$81,278 - $128,503

Midpoint

$101,589

$104,891

$104,891

Director, State Lottery Department

$118,324

$122,170

$122,170

Director, Virginia Retirement System

$120,986

$124,918

$124,918

Executive Director, Virginia Higher Education Tuition Trust Fund

$109,063

$112,608

$112,608


d.1. Annual salaries of the presidents of the senior institutions of higher education, the President of Richard Bland College, the Chancellor of the University of Virginia's College at Wise, the Superintendent of the Virginia Military Institute, the Director of the State Council of Higher Education, the Director of the Southwest Virginia Higher Education Center and the Chancellor of Community Colleges, as listed in this paragraph, shall be paid in the amounts shown. The annual salaries of the presidents of the community colleges shall be fixed by the State Board for Community Colleges within a salary structure submitted to the Governor prior to June 1 each year for approval.


2.a) The board of visitors of each institution of higher education may supplement the salary of its president from private gifts, endowment funds, or income from endowments and gifts. Supplements paid from other than the cited sources prior to June 30, 1997, may continue to be paid. In approving a supplement, the board of visitors should be guided by criteria which provide a reasonable limit on the total additional income of a president. The criteria should include a consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services. The board of visitors shall report approved supplements to the Department of Personnel and Training for retention in its records.


b) The State Council of Higher Education may supplement the salary of the Director from any available appropriations of the Council. In approving a supplement, the State Council of Higher Education should be guided by criteria which provide a reasonable limit on the total additional income of the Director. The criteria should include consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services.


c) The State Board for Community Colleges may supplement the salary of the Chancellor from any available appropriations of the Virginia Community College System. In approving a supplement, the State Board for Community Colleges should be guided by criteria which provide a reasonable limit on the total additional income of the Chancellor. The criteria should include consideration of additional income from outside sources including, but not being limited to, service on boards of directors or other such services.


July 1, 2000

November 25, 2000

November 25, 2001

to

to

to

November 24, 2000

November 24, 2001

June 30, 2002


STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA


Director, State Council of Higher Education for Virginia

$140,246

$144,804

$144,804


SOUTHWEST VIRGINIA HIGHER EDUCATION CENTER


Director, Southwest Virginia Higher Education Center

$79,687

$82,277

$82,277


VIRGINIA COMMUNITY COLLEGE SYSTEM


Chancellor of Community Colleges

$136,204

$140,631

$140,631


SENIOR COLLEGE PRESIDENTS' SALARIES


Chancellor, University of Virginia's College at Wise

$106,211

$109,663

$109,663

President, Christopher Newport University

$106,529

$109,991

$109,991

President, The College of William and Mary in Virginia

$128,066

$132,228

$132,228

President, George Mason University

$120,783

$124,708

$124,708

President, James Madison University

$118,814

$122,675

$122,675

President, Longwood College

$114,116

$117,825

$117,825

President, Mary Washington College

$113,155

$116,833

$116,833

President, Norfolk State University

$116,970

$120,772

$120,772

President, Old Dominion University

$128,582

$132,761

$132,761

President, Radford University

$116,969

$120,770

$120,770

President, Richard Bland College

$100,210

$103,467

$103,467

President, University of Virginia

$142,148

$146,768

$146,768

President, Virginia Commonwealth University

$143,428

$148,089

$148,089

President, Virginia Polytechnic Institute and State University

$143,428

$148,089

$148,089

President, Virginia State University

$116,969

$120,770

$120,770

Superintendent, Virginia Military Institute

$115,889

$119,655

$119,655


e. Salaries for newly employed or promoted employees shall be established consistent with the compensation and classification plans established by the Governor.


f. The provisions of this section, requiring prior written approval of the Governor relative to compensation, shall apply also to any system of incentive award payments which may be adopted and implemented by the Governor. The cost of implementing any such system shall be paid from any funds appropriated to the affected agencies.


g. No lump sum appropriation for personal service shall be regarded as advisory or suggestive of individual salary rates or of salary schedules to be fixed under law by the Governor payable from the lump sum appropriation.


h. Subject to approval by the Governor of a plan for a statewide employee meritorious service awards program, as provided for in § 2.1-114.5.12 Code of Virginia, the costs for such awards shall be paid from any operating funds appropriated to the affected agencies.


i. The General Assembly hereby affirms and ratifies the Governor's existing authority and the established practice of this body to provide for pay differentials or to supplement base rates of pay for employees in specific job classifications in particular geographic and/or functional areas where, in the Governor's discretion, they are needed for the purpose of maintaining salaries which enable the Commonwealth to maintain a competitive position in the relevant labor market.


j.1. If at any time the Administrator of the Commonwealth's Attorneys' Services Council serves on the faculty of a state-supported institution of higher education, the faculty appointment must be approved by the Council. Such institution shall pay one-half of the salary listed in § 4-6.01 c 6 of this act. Further, such institution may provide compensation in addition to that listed in § 4-6.01 c 6; provided, however, that such additional compensation must be approved by the Council.


2. If the Administrator ceases to be a member of the faculty of a state-supported institution of higher education, the total salary listed in § 4-6.01 c 6 shall be paid from the Council's appropriation.


k.1. Except as otherwise provided for in this subdivision, increases in the level of compensation for any job role contained in the compensation and classification plans approved by the Governor shall be effective beginning with the first pay period, defined as the pay period from June 25 through July 9, of the fiscal year if: (1) the agency certifies to the Secretary of Finance that funds are available within the agency's appropriation to cover the cost of the increase for the remainder of the current biennium and presents a plan for covering the costs next biennium and the Secretary concurs, or (2) such funds are appropriated by the General Assembly. If at any time the Secretary of Administration shall certify that such change in the level of compensation for a job role is of an emergency nature and the Secretary of Finance shall certify that funds are available to cover the cost of the increase for the remainder of the biennium within the agency’s appropriation, such change in compensation may be effective on a date agreed upon by these two Secretaries. The Secretary of Administration shall provide a monthly report of all such emergency changes in accordance with § 4-8.00, Reporting Requirements.


2. Salary adjustments for any employee through a promotion, reallocation, or in-range adjustment shall occur only if: (1) the agency has sufficient funds within its appropriation to cover the cost of the salary adjustment for the remainder of the current biennium or (2) such funds are appropriated by the General Assembly.


3. No changes to the salary band assignment of individual career group roles administered under the new pay plan that is authorized by the 2000 session of the General Assembly, or similar actions, shall be implemented at the option of affected agencies. Further, no changes in salary band assignments affecting classified employees of more than one agency shall become effective unless the Secretary of Finance certifies that sufficient funds are available to provide such increase or plan to all affected employees supported from the general fund.


l. Full-time employees of the Commonwealth, including faculty members of state institutions of higher education, who are appointed to a state-level board, council, commission or similar collegial body set forth in §§ 2.1-20.4 and 15.2-1636.5, Code of Virginia, shall not receive any compensation for their services as members or chairmen except for reimbursement of reasonable and necessary expenses.


m.1. Notwithstanding any other provision of law, the board of visitors or other governing body of any public institution of higher education is authorized to establish age and service eligibility criteria for faculty participating in voluntary early retirement incentive plans for their respective institutions pursuant to § 23-9.2:3.1 B and the cash payment offered under such compensation plans pursuant to § 23-9.2:3.1 D, Code of Virginia. The total cost in any fiscal year for any compensation plan established under § 23-9.2:3.1 D, Code of Virginia, shall be set forth by the governing body in the compensation plan for approval by the Governor and review for legal sufficiency by the Office of the Attorney General.


2. Notwithstanding any other provision of law, employees holding full-time, academic-year classified positions at public institutions of higher education shall be considered "state employees" as defined in § 51.1-124.3, Code of Virginia, and shall be considered for medical/hospitalization, retirement service credit, and other benefits on the same basis as those individuals appointed to full-time, 12-month classified positions.


n. Notwithstanding the Department of Personnel and Training Policies and Procedures, payment to employees with five or more years of continuous service who either terminate or retire from service shall be paid in one sum for twenty-five percent of their sick leave balance, provided, however, that the total amount paid for sick leave shall not exceed $5,000 and the remaining seventy-five percent of their sick leave shall lapse.