Engrossed Version Senate Bill 458 History

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Senate Bill No. 458

(By Senator Chafin)


[Originating in the Committee on the Judiciary;

reported March 25, 2005.]


A BILL to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to transfer of members of the West Virginia State Police; permitting a transfer of a member for certain conduct; and increasing the relocation expense to one thousand dollars.

Be it enacted by the Legislature of West Virginia:
That §15-2-20 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§15-2-20. Transfer authorized; transfer for disciplinary purposes only prohibited; notice required under certain circumstances; relocation expense; regulation of member's residence.

The Superintendent may transfer members to meet the operational needs of the Department or when a member has demonstrated a pattern of inappropriate personal or professional conduct resulting in substantiated disciplinary action under the provisions of the West Virginia State Police Professional Standards Rule, 81 CSR 10, and the pattern of inappropriate conduct has adversely affected his or her operational effectiveness or credibility and is attributable to the member's area of assignment. A transfer may not be made as a disciplinary measure for disciplinary purposes except as set out in this paragraph or political reasons.
Whenever any member of the Department is to be transferred from one station to another station, for a period of time in excess of sixty days, the Superintendent shall give written notice of such proposed transfer to such member at least fifteen days in advance of such transfer. The Superintendent shall not, however, be required to give such notice in the event the transfer is at the request of the member who is to be transferred. In the event that a member appeals a transfer in accordance with section six of this article, the transfer shall not take effect pending the appeal before the board. If the board upholds the transfer, such transfer shall be effective upon the issuance of the board's decision and shall remain in effect pending any appeal of such decision by the member.
Whenever any member of the Department is transferred from one station to another station, for a period of time in excess of sixty days, all reasonable and necessary transportation expenses actually incurred in moving the household furniture and effects of such member and of his or her immediate family from his former station to his new station shall be paid by the department: Provided, That if any such member owns and resides in a mobile home, the Department shall pay all reasonable and necessary transportation expenses actually incurred in moving such mobile home from such member's former station to his or her new station, but the Department may not pay transportation expenses for moving such mobile home in excess of the amount which would have been paid for moving an equivalent amount of household furniture and effects had such member not owned such mobile home.
A member transferred shall also be given a relocation expense of three hundred one thousand dollars if the transfer necessitated relocation of the member's family.
The Superintendent shall not restrict a member from residing in a county other than that in which the member is stationed, except that the Superintendent may promulgate by appropriate written regulation to be applied uniformly throughout the department a restriction as to either: (1) The number of miles distant from his or her station which a member may reside; or (2) the time necessary under ordinary traffic conditions for a member to travel between his or her residence and station.
The member may appeal the superintendent's order of transfer to the board of appeals created for such purpose or to the circuit court of Kanawha County in accordance with the provisions of section six of this article and all of the original papers in such cases shall be delivered to the appeals board or the circuit court, as the case may be. The right of a member to appeal a transfer shall not apply until the member has completed the eighteen-month probationary period with the department.
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