H. B. 4617


(By Delegates Douglas, Stalnaker,

Marshall, Manchin and H. White)

[Introduced February 22, 2000; referred to the

Committee on Government Organization then Finance.]




A BILL to amend and reenact sections twenty and twenty-one, article two, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the state police; transfer of officers; notice required for transfer; relocation expenses, regulation of a member's residence, right to grieve, discipline; and rules governing probationary period of members of state police.

Be it enacted by the Legislature of West Virginia:
That sections twenty and twenty-one, 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; notice required under certain circumstances; relocation expense; regulation of member's residence; limitation of grievance procedure to nonprobationary member.

(a) The superintendent may transfer members to meet the operational needs of the department state police. A transfer may not be made as a disciplinary measure.
Whenever any member of the department state police 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 proposed transfer to such member at least fifteen days in advance of such transfer. The superintendent shall 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 not take effect pending the appeal before the board. If the board upholds the transfer, such transfer shall be effective upon the issuance of the board's decision and shall remain in effect pending any appeal of such decision by the member.
(b) Whenever any member of the department state police 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 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 state police: Provided, That if any such member owns and resides in a mobile home, the department state police shall pay all reasonable and necessary transportation expenses actually incurred in moving such mobile home from such member's former station to his or her new station, but the department state police may not pay transportation expenses for moving such mobile home in excess of the amount which would have been paid for moving an equivalent amount of household furniture and effects had such member not owned such 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.
(c) The superintendent shall 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 state police 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.
(d) The member may appeal grieve the superintendent's order of transfer to the board of appeals through the grievance procedure created for such purpose in accordance with the provisions of section twenty-five of this chapter 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 cases shall be delivered to the appeals board or the circuit court, as the case may be. The right of a member to appeal grieve a transfer shall not apply until the member has completed the eighteen-month probationary period with the department their probationary period with the state police.
§15-2-21. Suspension, demotion or discharge of members; right to grieve; minimum probationary period for members.

(a) The superintendent may suspend, demote in rank or discharge from the service any member of the department of public safety state police for any of the following causes: Refusing to obey the lawful orders of his or her superior officer, neglect of duty, drunkenness, immorality, inefficiency, abuse of his or her authority, interference with the lawful right of any person, participation in political activities, primaries, conventions or elections, conviction for a crime or any action proscribed under this article, or existing rules made in compliance with the provisions of section twenty-five of this article. The superintendent shall cause an investigation to be made when notice of any one or more of such causes is brought to his or her attention and shall determine whether or not the member should be suspended, demoted in rank or discharged. If the superintendent orders the member suspended, demoted in rank or discharged, a written statement of the charges and a written order of suspension, demotion in rank or discharge shall be delivered personally to the member by his or her commanding officer, or next in command in the absence of his or her commanding officer. The superintendent shall explicitly set forth in any such written statement of charges the details giving rise to the cause or causes upon which he or she ordered such suspension, demotion in rank or discharge.
(b) The member may appeal grieve the superintendent's order to the board of appeals through the grievance procedure created for such purpose in accordance with the provisions of section twenty-five of this chapter. 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 cases shall be delivered to the appeals board or the circuit court, as the case may be.
The right of a member to appeal grieve a suspension or discharge disciplinary action shall not apply to members until they have completed their probationary period with the department state police, which shall be for a minimum period of eighteen months.
(c) The probationary period shall begin from the members' date of enlistment. The superintendent shall make rules in accordance with the provisions of section twenty-five of this article regarding probationary periods within the state police.
NOTE: The purpose of this bill is to substitute more recently invoked terminology for the name of the agency. The bill also substitutes a grievance process for one of appeal. It eliminates the prohibition against transferring a state policeman for disciplinary reasons. The bill clarifies the authority of the superintendent to levy certain types of discipline not specifically stated within the section, and addresses the promulgation of rules by the superintendent regarding the probationary period of members.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.