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2002 Session

Budget Bill - HB30 (Introduced)

View Item amendments

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, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004

Secretary of Administration

$128,479

$131,049

$131,049

Secretary of Commerce and Trade

$128,479

$131,049

$131,049

Secretary of the Commonwealth

$128,479

$131,049

$131,049

Secretary of Education

$128,479

$131,049

$131,049

Secretary of Finance

$128,479

$131,049

$131,049

Secretary of Health and Human Resources

$128,479

$131,049

$131,049

Secretary of Natural Resources

$128,479

$131,049

$131,049

Secretary of Public Safety

$128,479

$131,049

$131,049

Secretary of Technology

$128,479

$131,049

$131,049

Secretary of Transportation

$128,479

$131,049

$131,049


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 Human Resource Management 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.


d) Notwithstanding, § 4-6.01 c.1.a), b) and c) preceding, the salary for any person who is appointed to and assumes a position listed in § 4-6.01 c.6. on and after January 12, 2002, but before July 1, 2002, shall not be reduced or increased from the salary established for such appointee pursuant to the provisions of § 4-6.01 c.1 of Chapter 1073 of the 2000 Acts of Assembly, as such chapter may be amended in the 2002 Session of the General Assembly. However, such appointee shall be eligible to receive compensation supplements as prescribed in Item xxx of this act.


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. The Board of Commissioners shall report approved supplements to the Department of Human Resource Management for retention in its records.


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. The respective Boards shall report approved supplements to the Department of Human Resource Management for retention in its records.


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, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004

Level I Range

$93,469 -$147,778

$95,338 -$150,734

$95,338 -$150,734

Midpoint

$120,623

$123,036

$123,036

Commissioner, Department of Motor Vehicles

$121,522

$123,952

$123,952

Commissioner, Department of Social Services

$116,977

$119,317

$119,317

Commissioner of Mental Health, Mental Retardation and Substance Abuse Services

$116,973

$119,312

$119,312

Commonwealth Transportation Commissioner

$118,718

$121,092

$121,092

Director, Department of Corrections

$123,879

$126,357

$126,357

Director, Department of Environmental Quality

$116,977

$119,317

$119,317

Director, Department of Information Technology

$116,977

$119,317

$119,317

Director, Department of Medical Assistance Services

$124,658

$127,151

$127,151

Director, Department of Planning and Budget

$116,977

$119,317

$119,317

Director, Department of Technology Planning

$116,977

$119,317

$119,317

State Health Commissioner

$147,778

$150,734

$150,734

State Tax Commissioner

$116,977

$119,317

$119,317

Superintendent of Public Instruction

$143,311

$146,177

$146,177

Superintendent of State Police

$122,589

$125,041

$125,041

July 1, 2002

November 25, 2002

November 25, 2003

to

to

To

November 24, 2002

November 24, 2003

June 30, 2004

Level II Range

$81,278-$128,503

$82,904 -$131,073

$82,904 -$131,073

Midpoint

$104,891

$106,988

$106,988

Alcoholic Beverage Control Commissioners (two)

$85,166

$86,869

$86,869

Chairman, Alcoholic Beverage Control Board

$99,361

$101,348

$101,348

Commissioner, Department of Agriculture and Consumer Services

$90,327

$92,133

$92,133

Commissioner, Virginia Employment Commission

$116,979

$119,319

$119,319

Director, Department of Business Assistance

$106,435

$108,564

$108,564

Director, Department of General Services

$101,720

$103,754

$103,754

Director, Department of Mines, Minerals and Energy

$117,297

$119,643

$119,643

Director, Department of Human Resource Management

$116,003

$118,323

$118,323

Director, Department of Juvenile Justice

$101,719

$103,753

$103,753

Executive Director, Motor Vehicle Dealer Board

$92,453

$94,302

$94,302

Executive Director, Virginia Port Authority

$115,356

$117,663

$117,663

Executive Secretary, Charitable Gaming Commission

$92,925

$94,783

$94,783

State Comptroller

$116,314

$118,640

$118,640

State Treasurer

$116,314

$118,640

$118,640

July 1, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004

Level III Range

$70,678 - $111,744

$72,092 -$113,979

$72,092 -$113,979

Midpoint

$91,210

$93,035

$93,035

Adjutant General

$98,070

$100,031

$100,031

Chairman, Virginia Parole Board

$105,199

$107,303

$107,303

Members (three), Virginia Parole Board

$88,451

$90,220

$90,220

Member, Virginia Parole Board

$95,442

$97,351

$97,351

Commissioner, Department of Labor and Industry

$105,748

$107,863

$107,863

Commissioner, Department of Rehabilitative Services

$111,744

$113,979

$113,979

Commissioner, Marine Resources Commission

$97,443

$99,392

$99,392

Coordinator, Department of Emergency Management

$87,611

$89,363

$89,363

Director, Department of Aviation

$90,698

$92,512

$92,512

Director, Department of Conservation and Recreation

$108,043

$110,204

$110,204

Director, Department of Criminal Justice Services

$103,231

$105,296

$105,296

Director, Department of Employment Dispute Resolution

$99,830

$101,827

$101,827

Director, Department of Historic Resources

$88,451

$90,220

$90,220

Director, Department of Housing and Community Development

$99,573

$101,564

$101,564

Director, Department of Rail and Public Transportation

$108,366

$110,533

$110,533

Director, The Science Museum of Virginia

$103,121

$105,183

$105,183

Director, Virginia Liaison Office

$74,000

$75,480

$75,480

Director, Virginia Museum of Fine Arts

$107,089

$109,231

$109,231

Director, Virginia Museum of Natural History

$88,451

$90,220

$90,220

Executive Director, Chesapeake Bay Local Assistance Department

$92,298

$94,144

$94,144

Executive Director, Department of Game and Inland Fisheries

$106,217

$108,341

$108,341

Executive Director, Jamestown-Yorktown Foundation

$102,460

$104,509

$104,509

Executive Secretary, Virginia Racing Commission

$86,193

$87,917

$87,917

Librarian of Virginia

$111,744

$113,979

$113,979

State Forester, Department of Forestry

$94,200

$96,084

$96,084

Superintendent, Department of Correctional Education

$108,366

$110,533

$110,533

July 1, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004

Level IV Range

$61,460 - $97,178

$62,689 -$99,122

$62,689 -$99,122

Midpoint

$79,320

$80,905

$80,905

Administrator, Commonwealth's Attorneys' Services Council

$78,652

$80,225

$80,225

Administrator, Milk Commission

$76,915

$78,453

$78,453

Commissioner, Department for the Aging

$94,240

$96,125

$96,125

Commissioner, Virginia Department for the Blind and Vision Impaired

$84,916

$86,614

$86,614

Director, Department of Health Professions

$92,263

$94,108

$94,108

Director, Department of Minority Business Enterprise

$94,229

$96,114

$96,114

Director, Office of Substance Abuse Prevention

$90,860

$92,677

$92,677

Director, Department of Professional and Occupational Regulation

$89,411

$91,199

$91,199

Director, Virginia-Israel Advisory Board

$65,000

$66,300

$66,300

Executive Director, Board of Accountancy

$75,000

$76,500

$76,500

Executive Director, Commission on Local Government

$92,416

$94,264

$94,264

Executive Director, Commonwealth Competition Council

$91,626

$93,459

$93,459

Executive Director, Frontier Culture Museum of Virginia

$79,441

$81,030

$81,030

Human Rights Director, Human Rights Council

$76,915

$78,453

$78,453

Secretary, State Board of Elections

$82,600

$84,252

$84,252

July 1, 2002

November 25, 2002

November 25, 2003

to

to

To

November 24, 2002

November 24, 2003

June 30, 2004

Level V Range

$53,443 - $84,580

$54,512 -$86,272

$54,512 -$86,272

Midpoint

$69,012

$70,392

$70,392

Director, Department for Rights of Virginians with Disabilities

$78,814

$80,390

$80,390

Director, Department of Veteran's Affairs

$72,263

$73,708

$73,708

Director, Gunston Hall

$69,012

$70,392

$70,392

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

$66,925

$68,264

$68,264

Executive Director, Department of Fire Programs

$82,023

$83,663

$83,663

Executive Director, Virginia Commission for the Arts

$69,097

$70,479

$70,479

Executive Secretary, Virginia Veterans Care Center Board of Trustees

$71,138

$72,561

$72,561

Chairman of Board

Chairman, Compensation Board

$18,452

$18,821

$18,821


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, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004

Independent Range

$81,278 - $128,503

$82,904 -$131,073

$82,904 -$131,073

Midpoint

$104,891

$106,988

$106,988

Director, State Lottery Department

$122,170

$124,613

$124,613


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 annually 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 Human Resource Management for retention in its records.


b) The State Council of Higher Education may annually 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. The State Council shall report approved supplements to the Department of Human Resource Management for its records.


c) The State Board for Community Colleges may annually 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. The Board shall report approved supplements to the Department of Human Resource Management for retention it in its records.


July 1, 2002

November 25, 2002

November 25, 2003

to

to

to

November 24, 2002

November 24, 2003

June 30, 2004


STATE COUNCIL OF HIGHER EDUCATION FOR VIRGINIA


Director, State Council of Higher Education for Virginia

$140,804

$147,700

$147,700


SOUTHWEST VIRGINIA HIGHER EDUCATION CENTER


Director, Southwest Virginia Higher Education Center

$82,277

$83,923

$83,923


VIRGINIA COMMUNITY COLLEGE SYSTEM


Chancellor of Community Colleges

$140,631

$143,444

$143,444


SENIOR COLLEGE PRESIDENTS' SALARIES


Chancellor, University of Virginia's College at Wise

$109,663

$111,856 $111,856

President, Christopher Newport University

$109,991

$112,191 $112,191

President, The College of William and Mary in Virginia

$132,228

$134,873 $134,873

President, George Mason University

$120,788

$123,204 $123,204

President, James Madison University

$122,675

$125,129 $125,129

President, Longwood College

$117,825

$120,182 $120,182

President, Mary Washington College

$116,833

$119,170 $119,170

President, Norfolk State University

$116,970

$119,309 $119,309

President, Old Dominion University

$132,761

$135,416 $135,416

President, Radford University

$120,770

$123,185 $123,185

President, Richard Bland College

$103,467

$105,536 $105,536

President, University of Virginia

$146,768

$149,703 $149,703

President, Virginia Commonwealth University

$148,089

$151,051 $151,051

President, Virginia Polytechnic Institute and State University

$143,428

$146,297 $146,297

President, Virginia State University

$120,770

$123,185 $123,185

Superintendent, Virginia Military Institute

$119,655

$122,048 $122,048

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 § 2.2-1201.12, 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, any increases in the salary band assignment of 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 salary band assignment 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, role change , exceptional recruitment and retention incentive options, 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 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 shall not receive any compensation for their services as members or chairmen except for reimbursement of reasonable and necessary expenses. The foregoing provision shall likewise apply to the Compensation Board, pursuant to § 15.2-1636.5, Code of Virginia.


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 Human Resource Management 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. This provision shall not apply to employees who are covered by the Virginia Sickness and Disability Program as defined in § 51.1-1100, Code of Virginia. Such employees shall not be paid for their sick leave balances. However, they will be paid, if eligible as described above, for any disability leave credits they have at separation or retirement.