WEST virginia legislature
2019 regular session
Introduced
House Bill 2885
By Delegates Rohrbach, Maynard, Paynter, Rodighiero, Miller, Worrell, Campbell, Graves, Hollen and Lovejoy
[Introduced February 7,
2019; Referred
to the Committee on Finance.]
A BILL to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to increasing salaries for members of the West Virginia State Police over a three-year period; increasing the annual interval salary increase; and setting effective dates.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wages and hour law, with supplemental payment; bond; leave time for members called to duty in guard or reserves.
(a) The superintendent shall establish within the West Virginia State Police a system to provide for: The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant, and first lieutenant; the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class, or corporal; the classification of members assigned to the forensic laboratory as criminalist I-VIII; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
(b) The superintendent may propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code for the purpose of ensuring consistency, predictability, and independent review of any system developed under the provisions of this section.
(c) The superintendent shall provide to each member a written manual governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation and testing of members for promotion or reclassification and the subsequent placement of any members on a promotional eligibility or reclassification recommendation list.
(d) (1) Beginning on July 1, 2018, members shall receive annual salaries payable at least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training........................................................................................... $ 36,154
Cadet Trooper After Training................................................................................ ... 43,414
Trooper Second Year........................................................................................... …44,426
Trooper Third Year............................................................................................... …44,809
Senior Trooper...................................................................................................... …45,208
Trooper First Class............................................................................................... …45,814
Corporal................................................................................................................ …46,420
Sergeant................................................................................................................ …50,721
First Sergeant....................................................................................................... …52,872
Second Lieutenant................................................................................................ …55,022
First Lieutenant..................................................................................................... …57,173
Captain.................................................................................................................. …59,324
Major..................................................................................................................... …61,474
Lieutenant Colonel................................................................................................ …63,625
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I ............................................................................................................................ 44,426
II ........................................................................................................................... 45,208
III .......................................................................................................................... 45,814
IV .......................................................................................................................... 46,420
V ........................................................................................................................... 50,721
VI .......................................................................................................................... 52,872
VII ......................................................................................................................... 55,022
VIII ........................................................................................................................ 57,173
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I ............................................................................................................................ 44,426
II ........................................................................................................................... 45,208
III .......................................................................................................................... 45,814
IV .......................................................................................................................... 46,420
V ........................................................................................................................... 50,721
VI .......................................................................................................................... 52,872
VII ......................................................................................................................... 55,022
VIII ........................................................................................................................ 57,173
(2) Beginning on July 1, 2019, the annual salaries for members of each of the West Virginia State Police, the administration support specialists, and the criminalist classifications set forth in subdivision (1) of this subsection shall be increased by an additional $3,000;
(3) Beginning on July 1, 2020, the annual salaries for members of each of the West Virginia State Police, the administration support specialists, and the criminalist classifications set forth in subdivision (1) of this subsection, as increased by subdivision (2) of this subsection, shall be increased by an additional $3,000;
(4) Beginning on July 1, 2021, the annual salaries for members of each of the West Virginia State Police, the administration support specialists, and the criminalist classifications set forth in subdivision (1) of this subsection, as increased by subdivisions (2) and (3) of this subsection, shall be increased by an additional $3,000;
(5) Each member of the West Virginia State Police whose salary is fixed and specified in this annual salary schedule is entitled to the length of service increases set forth in §15-2-5(e) of this code and supplemental pay as provided in §15-2-5(g) of this code.
(e) Each member of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and is entitled to, an increase in salary over that set forth in §15-2-5(d) of this code for grade in rank, based on length of service, including that service served before and after the effective date of this section with the West Virginia State Police as follows: Beginning on January 1, 2015, and continuing thereafter, at the end of two years of service with the West Virginia State Police, the member shall receive a salary increase of $500 to be effective during his or her next year of service and a like increase at yearly intervals thereafter, with the increases to be cumulative: Provided, That beginning on January 1, 2020, the annual increase required by this subsection is $600.
(f) In applying the salary schedules set forth in this section where salary increases are provided for length of service, members of the West Virginia State Police in service at the time the schedules become effective shall be given credit for prior service and shall be paid the salaries the same length of service entitles them to receive under the provisions of this section.
(g) The Legislature finds and declares that because of the unique duties of members of the West Virginia State Police, it is not appropriate to apply the provisions of state wage and hour laws to them. Accordingly, members of the West Virginia State Police are excluded from the provisions of state wage and hour law. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour law prior to this exclusion.
In lieu of any overtime pay they might otherwise have received under the wage and hour law, and in addition to their salaries and increases for length of service, members who have completed basic training and who are exempt from federal Fair Labor Standards Act guidelines may receive supplemental pay as provided in this section.
The authority of the superintendent to propose a
legislative rule or amendment thereto for promulgation in accordance with
§29A-3-1 et seq. of this code to establish the number of hours per month which
constitute the standard pay period for the members of the West Virginia State
Police is hereby continued. The rule shall further establish, on a
graduated hourly basis, the criteria for receipt of a portion or all of
supplemental payment when hours are worked in excess of the standard pay
period. The superintendent shall certify at least twice per month to the West
Virginia State Police’s payroll officer the names of those members who have
worked in excess of the standard pay period and the amount of their entitlement
to supplemental payment. The supplemental payment may not exceed $200 per pay
period. The superintendent and civilian employees of the West Virginia State Police
are not eligible for any supplemental payments.
(h) Each member of the West Virginia State Police, except the superintendent and civilian employees, shall execute, before entering upon the discharge of his or her duties, a bond with security in the sum of $5,000 payable to the State of West Virginia, conditioned upon the faithful performance of his or her duties, and the bond shall be approved as to form by the Attorney General and as to sufficiency by the Governor.
(i) In consideration for compensation paid by the West
Virginia State Police to its members during those members’ participation in the
West Virginia State Police Cadet Training Program pursuant to §30-29-8 of this
code, the West Virginia State Police may require of its members by written agreement
entered into with each of them in advance of such participation in the
program that, if a member should voluntarily discontinue employment any time
within one year immediately following completion of the training program, he or
she shall be is obligated to pay to the West Virginia State
Police a pro rata portion of such compensation equal to that part of such
the year which the member has chosen not to remain in the employ of the
West Virginia State Police.
(j) Any member of the West Virginia State Police who is called to perform active duty training or inactive duty training in the National Guard or any Reserve component of the Armed Forces of the United States annually shall be granted, upon request, leave time not to exceed 30 calendar days for the purpose of performing the active duty training or inactive duty training and the time granted may not be deducted from any leave accumulated as a member of the West Virginia State Police.
NOTE: The purpose of this bill is to provide a salary increases over a three-year period to State Police members and to increase the interval salary increase.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.