Chap. 370.—An ACT to establish a system of personnel administration for the
Commonwealth, to prescribe with reference to such system the powers and
duties of the Governor and other officers and employees of the Commonwealth,
to appropriate and provide for the disbursement of funds for the purpose of
carrying out the provisions of this act, and to repeal acts and parts of acts
inconsistent with the provisions of this act. [H B 443]

Approved April 1, 1942

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. Short title—This act shall be known and may be cited
as the “Virginia Personnel Act”.

Section 2. Appointments, promotions, and tenure based upon merit
and fitness.—In accordance with the provisions of this act all appoint-
ments and promotions to and tenure in positions in the service of the
Commonwealth shall be based upon merit and fitness, to be ascertained,
as far as possible, by the competitive rating of qualifications by the respec-
tive appointing authorities.

Persons holding positions in the service of the Commonwealth at the
effective date of this act shall be deemed to be holding said positions as
though they had received appointment under the terms of this act.
Persons who, at the effective date of this act, have left the service of
the Commonwealth for service in any of the armed forces of the United
States shall be deemed to have held the positions which they have thus
left as though they had received appointment under the terms of this act,
and all such persons, as well as persons who hereafter leave the service of
the Commonwealth for service in such armed forces, shall be entitled to be
restored to such positions upon the termination of their service with the
armed forces, and thereafter to hold such positions as though they had re-
ceived appointment under the terms of this act, except as to any such po-
sition which, in the meantime, ‘may have been abolished; and any such
former employee returning to, or applying for, employment in the State
service, at any time in the future, shall be considered as having at least
as favorable a status with reference to this act as he would have occupied
if his service had been continuous.

No establishment of a position or a rate of pay, and no change in rate
of pay shall become effective except on order of the appointing authority
and approval by the Governor; provided, however, that this paragraph
shall not apply to any position the compensation of which is at a rate of
twelve hundred dollars per annum or less.

Section 3. Chief Personnel Officer——The Governor shall be the
Chief Personnel Officer of the Commonwealth. He shall direct the execu-
tion of this act, may appoint a deputy personnel officer, who shall be
known as Director of Personnel, and may employ such other competent
personnel assistants and employees as he may require to carry out its pro-
visions, and if he so desires may appoint to serve at his pleasure an ad-
visory committee on personnel administration, composed of members of
the General Assembly and such other persons as he may designate. At his
discretion he may assign to officers and employees of the Commonwealth
such duties as he sees fit in connection with the administration of this act;
such officers and employees shall receive no extra compensation for such
duties but shall be reimbursed for necessary travel and other expenses.

Section 4. Duties of the Governor as Chief Personnel Officer.—(a)
The Governor shall establish and maintain:

(1) <A roster of all employees in the service of the Commonwealth,
in which there shall be set forth as to each employee, the employing agency,
the class title, pay and status, and such other data as may be deemed de-
sirable to produce significant facts pertaining to personnel administration.

(2) A classification plan for the service of the Commonwealth, and
he shall from time to time, make such amendments thereto as may be
necessary. The classification plan shall provide for the grouping of all po-
sitions in classes based upon the respective duties, authority, and responsi-
bilities. The Governor shall allocate each position in the service of the
Commonwealth to the appropriate class title therein, and make realloca-
tions from time to time.

(3) A compensation plan for all employees, and he shall, from time
to time, make necessary amendments thereto. The compensation plan
shall be uniform, and for each class of positions there shall be set forth a
minimum and a maximum rate of compensation and such intermediate
rates as. shall be considered necessary or equitable.
cH. 370] ACTS OF ASSEMBLY 56

(4) A system of service ratings, for all employees in the service c
the Commonwealth, based upon the quality of service rendered.

(5) An open register, or employment file, of the applications of al
persons seeking employment in the service of the Commonwealth. Appli
cations shall be rated on the basis of relative merit and classified in accord
ance with their suitability for the various classes of positions in the serv
ice of the Commonwealth, and a record thereof shall be maintained in th
said open register.

(b) The Governor shall promulgate such rules, not in conflic
with this act, as he may consider necessary to provide for the administra
tion of the classification plan, the compensation plan and the system o
service ratings, and to govern minimum hours of work, attendance regula
tions, leaves of absence for employees, and the order and manner in whicl
layoffs shall be made.

(c) The Governor shall, from time to time, investigate the opera
tion and effect of this act and of the rules made pursuant thereto, anc
he shall make, to the General Assembly, a biennial report regarding th:
operation of the act, and such special reports as he may consider desirable

Section 5. Personnel standards; agency personnel officers.—The
appointing authorities of State agencies shall establish and maintain with.
in their agencies such methods of administration relating to the establish-
ment and maintenance of personnel standards on a merit basis as are ap-
proved by the Governor for the proper and efficient enforcement of this
act ; provided the Governor shall exercise no authority with respect to the
selection or tenure of office of any individual employed in accordance with
such methods, except where the Governor is the appointing authority.

_ The appointing authorities of State agencies shall be the personnel of-

ficers of their respective agencies. At their discretion they may assign to

ofiicers and employees of their agencies such personnel duties as they see
t.

Agency personnel officers shall establish and maintain rosters of the
employees of their agencies, in which shall be set forth, as to each em-
ployee, the class title, pay and status and such other data as they may
leem desirable to produce significant facts pertaining to personnel ad-
ministration.

Agency personnel officers shall establish and maintain in their
wencies such promotion and employment lists, rated according to merit
ind fitness, as they deem desirable; but such agency personnel officers
is desire to do so may make use of the employment list kept by the Gov-
srnor in lieu of keeping employment lists for their agencies.

Agency personnel officers shall supply the Governor, at his request,
vith any information he deems necessary for the performance of his
luties in connection with the administration of this act.

Section 6. The provisions of this act shall not apply to:

(1) Officers and employees for whom the Constitution specifically
lirects the manner of selection;

(2) Officers and employees of the Supreme Court of Appeals ;

(3) Officers appointed by the Governor, whether confirmation
yy the General Assembly or by either house thereof be required or not:
566 ACTS OF ASSEMBLY — [VA., 1942

(4) Officers elected by popular vote or by the General Assembly or
either house thereof ;

5) Members of boards and commissions however selected ;

(6) Judges, referees, receivers, arbiters, masters and commissioners
in chancery, commissioners of accounts, and any other persons appointed
by any court to exercise judicial functions, and jurors and notaries public,
as such; |

(7) Officers and employees of the General Assembly and persons
employed to conduct temporary or special inquiries, investigations, or
examinations on its behalf ;

(8) The presidents, and teaching and research staffs of State
educational institutions ;

(9) Commissioned officers and enlisted: men of the National
Guard and the Naval Militia, as such ;

(10) Student employees in institutions of learning, and patient
or inmate help in other State institutions ;

(11) Upon general or special authorization of the Governor, la-
borers, temporary employees and employees compensated on an hourly
or daily basis ; and,

(12) County, city, town and district officers, deputies, assistants
and employees.

2. Be it further enacted, That in order to carry out the provisions
of this act, there is hereby appropriated, from any moneys in the State
treasury not otherwise appropriated, the sum of sixteen thousand four
hundred dollars for each year of the biennium beginning July first, nine-
teen hundred and forty-two ; payments and disbursements from the funds
herein appropriated shall be made by the State Treasurer upon warrants
of the Comptroller issued upon vouchers signed by the Governor or by
such person or persons as the Governor may designate for such purpose.

3. Be it further enacted, That all acts and parts of acts inconsistent
with any of the provisions of this act are repealed to the extent of such
inconsistency.

4 Be it further enacted, That this act shall take effect on, and be
in force and effect on and after July first, nineteen hundred and forty-
two.