H. B. 2574
(By Delegates Kuhn, Butcher, Collins,
Williams and Heck)
[Introduced March 17, 1997; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section twenty, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the state
police and giving the superintendent more authority to
transfer members within the department.
Be it enacted by the Legislature of West Virginia:
That section twenty, 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.
§15-2-20. Transfer authorized; use for disciplinary purposes
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 as he or she within his
or her discretion determines advisable. A transfer may not be
made as a disciplinary measure.
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 the proposed transfer to such the member at least
fifteen days in advance of such the transfer. The superintendent
shall may 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
may not take effect pending the appeal before the board. If the
board upholds the transfer, such the transfer shall be effective
upon the issuance of the board's decision and shall remain in
effect pending any appeal of such the 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 the member and of his or her immediate family from his or
her former station to his or her 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 the mobile home from such the member's former station to his
or her new station, but the department may not pay transportation
expenses for moving such the mobile home in excess of the amount
which would have been paid for moving an equivalent amount of
household furniture and effects had such the member not owned
such a mobile home.
A member transferred shall also be given a relocation
expense of three hundred dollars if the transfer necessitated
relocation of the member's family.
The superintendent shall may 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 that 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 the 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 may not apply until the member has
completed the eighteen-month probationary period with the
department.
NOTE: TThe purpose of this bill is to increase the
superintendent's authority to transfer members within the state
police.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.