H. B. 2651
(By Delegates J. Martin, Michael, Mezzatesta
and Cann)
[Introduced February 22, 1995; referred to the
Committee on Finance.]
A BILL to amend and reenact section five, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the division of
public safety; and increasing salaries for all members by
four thousand dollars to be phased in over a two-year
period.
Be it enacted by the Legislature of West Virginia:
That section five, 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. DIVISION OF PUBLIC SAFETY.
§15-2-5. Career progression system; salaries; exclusion from
wage and hour law, with supplemental payment; bond; leave
time for members called to duty in guard or reserves.
The superintendent shall establish within the division of
public safety 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-VII; and the temporary
reclassification of members assigned to administrative duties as
administrative support specialist I-VIII.
The superintendent shall, only in the initial implementation
of this section, reclassify nonsupervisory members without
benefit or requirement of a promotional or reclassification
system as long as those reclassified meet the longevity
requirements for advancement as follows: Trooper--less than
three years; senior trooper--three years to eight years; trooper
first class--nine years to fourteen years; corporal--more than
fourteen years.
The superintendent is authorized to promulgate legislative
rules in accordance with chapter twenty-nine-a of this code for
the purpose of ensuring consistency, predictability and
independent review of any system developed under the provisions
of this section.
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.
Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,684 Mo.$20,208
Cadet Trooper After Training 1,799 Mo. 21,588
Trooper Second Year 21,984
Trooper Third Year 22,308
Trooper Fourth & Fifth Year 22,560
Senior Trooper 24,360
Trooper First Class 26,160
Corporal 27,960
Sergeant 31,560
First Sergeant 33,360
Second Lieutenant 35,160
First Lieutenant 36,960
Captain 38,760
Major 40,560
Lieutenant Colonel 42,360
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
VIII36,960
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I22,560
II24,360
III26,160
IV27,960
V31,560
VI33,360
VII35,160
Each member of the division whose salary is fixed and
specified herein shall receive and be entitled to an increase in
salary over that hereinbefore set forth, for grade in rank, based
on length of service, including that heretofore and hereafter
served with the division as follows: At the end of five years of
service with the division, such member shall receive a salary
increase of three hundred dollars to be effective during his or
her next three years of service and a like increase at three-year
intervals thereafter, with such increases to be cumulative.
In applying the foregoing salary schedule where salary
increases are provided for length of service, members of the
division in service at the time this article becomes effective
shall be given credit for prior service and shall be paid such
salaries as the same length of service will entitle them to
receive under the provisions hereof.
The Legislature finds and declares that because of the
unique duties of members of the division, it is not appropriate
to apply the provisions of state wage and hour laws to them. Accordingly, members of the division of public safety are hereby
excluded from the provisions of state wage and hour law. The
express exclusion hereby enacted shall not be construed as any
indication that such members were or were not heretofore covered
by said wage and hour law.
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
hereinafter provided.
The superintendent shall, within thirty days after the
effective date hereof, promulgate a rule to establish the number
of hours per month which shall constitute the standard work month
for the members of the division. The rule shall further
establish, on a graduated hourly basis, the criteria for receipt
of a portion or all of such supplemental payment when hours are
worked in excess of said standard work month. The rule shall be
promulgated pursuant to the provisions of chapter twenty-nine-a
of this code. The superintendent shall certify monthly to the
division's payroll officer the names of those members who have
worked in excess of the standard work month and the amount of
their entitlement to supplemental payment.
The supplemental payment may not exceed two hundred
thirty-six dollars monthly. The superintendent and civilian
employees of the division are not eligible for any such
supplemental payments.
Each member of the division, 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 five thousand dollars payable to the state of West Virginia,
conditioned upon the faithful performance of his or her duties,
and such bond shall be approved as to form by the attorney
general and as to sufficiency by the governor.
Any member of the division who is called to perform active
duty for 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
thirty calendar days for the purpose of performing such active
duty for training or inactive duty training and the time so
granted may not be deducted from any leave accumulated as a
member of the division.
Notwithstanding any other provision of this code to the
contrary, effective the first day of July, one thousand nine
hundred ninety-five, each member shall receive an annual increase
in base salary of four thousand dollars to be paid and phased in over a two-year period.
NOTE: The purpose of this bill is to increase the salaries
for all members of the Division of Public Safety by four thousand
dollars to be phased in over a two year period.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.