ENROLLED
H. B. 2854
(By Delegates Douglas, Collins, Varner, Everson, J. Smith and Stalnaker)
[Passed March 12, 1999; in effect from passage.]
AN ACT to amend and reenact section four, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the appointments
of commissioned, noncommissioned officers, other members;
temporary and permanent positions of the state police.
Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-4. Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.
(a) The superintendent shall appoint, from the enlisted
membership of the state police, a deputy superintendent who shall
hold the rank of lieutenant colonel and be next in authority to the superintendent. The superintendent shall appoint, from the enlisted
membership of the state police, the number of other officers and
members he or she considers necessary to operate and maintain the
executive offices, training school, and forensic laboratory; and to
keep records relating to crimes and criminals, coordinate traffic
safety activities, maintain a system of supplies and accounting and
perform other necessary services.
(b) The ranks within the membership of the state police shall
be colonel, lieutenant colonel, major, captain, first lieutenant,
second lieutenant, first sergeant, sergeant, corporal, trooper
first class, senior trooper, trooper or cadet trooper. Each member
while in uniform shall wear the insignia of rank as provided by law
and written state police policies. Members assigned to the forensic
laboratory shall hold the title of trooper, be classified as
criminalists and wear the insignia of classification as provided by
written state police policies.
The superintendent may appoint from the membership of the
state police seventeen principal supervisors who shall receive the
compensation and hold the temporary rank of lieutenant colonel,
major or captain at the will and pleasure of the superintendent.
Appointments are exempt from any eligibility requirements
established by the career progression system. Any person appointed
to a temporary rank under the provisions of this article remains
eligible for promotion or reclassification under the provisions of
the career progression system if his or her permanent rank is below that of first lieutenant. Upon the termination of a temporary
appointment by the superintendent, the member may not be reduced to
a rank or classification below his or her permanent rank or
classification, unless the reduction results from disciplinary
action, and remains eligible for subsequent appointment to a
temporary rank.