HOUSE CONCURRENT RESOLUTION NO. 28
(By Delegates Douglas, Everson, H. White, Azinger,
Fantasia, and Overington)
Requesting the Joint Committee on Government and Finance to
conduct a study on the creation of a statutory entity to
review internal investigations of complaints lodged against
state police personnel.
Whereas, Internal affairs functions of the West Virginia
state police provide a mechanism for investigation of complaints
of acts of discourtesy or the use of excessive force by members
of the state police, but provide no opportunity for participation
in the review process by citizens or executive officers; and
Whereas, Review of complaints against members of the state
police presents troubling questions about the extent to which the
public interest requires confidentiality, and the extent to which
the public interest requires disclosure of certain findings; and
Whereas, Review of complaints against members of the state
police presents troubling questions about appropriate mechanisms
which balance the constitutional, statutory or common law rights
of police personnel against whom a complaint is filed with the
rights of the complainants bringing charges of misconduct; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study on the creation of a statutory
entity to review internal investigations of complaints lodged
against state police personnel and make recommendations on the
composition and functions of any board to be created to the
Legislature in the regular session 1998; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 1998,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That expenses necessary to conduct this
study and to prepare and report necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.