Senate Bill No. 271

(By Senators Kessler, Oliverio, Chafin, Foster, Green, Hunter, Jenkins, Minard, Stollings, Wells, Barnes, Deem, Hall, McKenzie and Yoder)

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[Originating in the Committee on the Judiciary;

reported January 18, 2008.]

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A BILL to amend and reenact §15-2-6 of the Code of West Virginia, 1931, as amended, relating to grievance appeal recommendation board; providing rule-making authority; and establishing grievance procedure for state police.

Be it enacted by the Legislature of West Virginia:
That §15-2-6 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-6. Authority to make rules for grievance procedure.

The superintendent shall have continuing authority to propose legislative rules for promulgation in accordance with the provisions of article three, chapter twenty-nine-a of this code, relating to a grievance procedure for sworn members of the State Police. At a minimum, the rule shall provide a process for filing and resolving grievances at the lowest possible level in a timely manner, providing for representation, taking evidence at each level, establishing a hearing procedure, providing for appellate review, allocating costs and authorizing attorney fees to a grievant who prevails on appeal.
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(NOTE: This bill removes language in §15-2-6 that is now obsolete. It also gives the superintendent continuing authority to propose legislative rules for a grievance procedure for the State Police.

Section six has been completely rewritten; therefore strike- throughs and underscoring have been omitted.)