H. B. 4265
(By Delegates Perdue and R. Thompson)
[Introduced January 28, 2002; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section eight, article twenty-nine,
chapter thirty of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring police
agencies that hire employees that were trained and certified
at the expense of other police agencies, to reimburse the
police agencies that paid the training and certification
costs; and, providing a schedule, based on periods of
employment, used to determine what proportion of the
certification and training costs that is required to be paid.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-nine, chapter thirty of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.
§30-29-8. Compensation for employees attending law-enforcement
training academy; limitations; agreements to
reimburse employers for wages and expenses of
employees trained but not continuing employment.
A West Virginia law-enforcement agency shall pay compensation
to employees, including wages, salaries, benefits, tuition and
expenses for the employees' attendance at a law-enforcement
training academy. The compensation paid to the employees of a
law-enforcement agency for attendance at a law-enforcement training
academy as provided in this section shall not include overtime
compensation under the provisions of section three, article five-c,
chapter twenty-one of this code and shall be at the regular rate to
which the employee would be entitled for a workweek of forty hours
in regular employment with the agency. In consideration for such
compensation, the county commission or municipal government may
require of its employees by written agreement entered into with
each of them in advance of such attendance at a training academy
that, if an employee should voluntarily discontinue employment any
time within one year immediately following completion of the
training curriculum, he or she shall be obligated to pay to such
county commission or municipal government a pro rata portion of the sum of such compensation equal to that part of such year which the
employee has chosen not to remain in the employ of the county
commission or municipal government.
In the event an employee obtains employment with any other
municipal police department or county sheriff, that police
department or county sheriff shall be liable to the previous police
or sheriff's department for the expense paid to train and certify
the employee as follows: (1) If the employee leaves within one
year of employment with the police or sheriff's department
responsible for training and certification costs, the police or
sheriff's department shall be entitled to reimbursement from the
new employer of one hundred percent of the costs expended; (2) if
the employee leaves after one year but within two years, the police
or sheriff's department shall be entitled to reimbursement from the
new employer of sixty-six and two thirds percent of the costs
expended; (3) if the employee leaves after two years but within
three years, the police or sheriff's department shall be entitled
to reimbursement from the new employer of thirty-three and one
third percent of the costs expended; and (4) if the employee leaves
after three years, the police or sheriff's department is not
entitled to any reimbursement.
NOTE: The purpose of this bill is to
require police agencies
that hire employees that were trained and certified at the expense
of other police agencies, to reimburse the police agencies that
paid the training and certification costs. In achieving this
purpose the bill incorporates a schedule, based on periods of
employment, used to determine what proportion of the certification
and training costs that is required to be paid.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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