WEST virginia Legislature
2017 regular session
By
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to the Committee on Government Organization then Finance.
A BILL to amend and
reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to
career progression of members of the State Police; increasing the longevity pay
for members of the State Police; providing for certain increases in pay if
certain educational attainment is met by members of the State Police; and
adjusting the timing of certain salary changes.
Be it enacted by the
Legislature of West Virginia:
That §15-2-5 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. 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.
(a) The superintendent shall establish within the West
Virginia State Police 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-VIII; and the
temporary reclassification of members assigned to administrative duties as administrative
support specialist I-VIII.
(b) The superintendent may propose legislative rules for
promulgation in accordance with article three, 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.
(c) 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.
(d) Beginning on July 1, 2011, members shall receive annual
salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training.......................................................................... $ 2,833 Mo.
$ 33,994
Cadet Trooper After Training................................................................ $ 3,438 Mo.
$ 41,258
Trooper Second Year........................................................................................................ 42,266
Trooper Third Year............................................................................................................ 42,649
Senior Trooper.................................................................................................................. 43,048
Trooper First Class............................................................................................................ 43,654
Corporal............................................................................................................................. 44,260
Sergeant............................................................................................................................ 48,561
First Sergeant.................................................................................................................... 50,712
Second Lieutenant............................................................................................................ 52,862
First Lieutenant.................................................................................................................. 55,013
Captain.............................................................................................................................. 57,164
Major................................................................................................................................. 59,314
Lieutenant Colonel............................................................................................................ 61,465
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I.......................................................................................................................................... 42,266
II ........................................................................................................................................ 43,048
III........................................................................................................................................ 43,654
IV ...................................................................................................................................... 44,260
V........................................................................................................................................ 48,561
VI ...................................................................................................................................... 50,712
VII...................................................................................................................................... 52,862
VIII..................................................................................................................................... 55,013
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I.......................................................................................................................................... 42,266
II......................................................................................................................................... 43,048
III........................................................................................................................................ 43,654
IV....................................................................................................................................... 44,260
V........................................................................................................................................ 48,561
VI....................................................................................................................................... 50,712
VII...................................................................................................................................... 52,862
VIII..................................................................................................................................... 55,013
Each member of the West
Virginia State Police whose salary is fixed and specified in this annual salary
schedule is entitled to the length of service increases set forth in subsection
(e) of this section and supplemental pay as provided in subsection (g) (h)
of this section.
(e) Each member of the West
Virginia State Police whose salary is fixed and specified pursuant to this
section shall receive, and is entitled to, an increase in salary over that set
forth in subsection (d) of this section for grade in rank, based on length of
service, including that service served before and after the effective date of
this section with the West Virginia State Police as follows: Beginning on
January 1 2015 July 1, 2017, and continuing thereafter, at the end
of two years of service with the West Virginia State Police, the member shall
receive a salary increase of $500 $800 to be effective during his
or her next year of service and a like increase at yearly intervals thereafter,
with the increases to be cumulative. Members
who obtain a college degree shall receive an additional salary increase based
upon educational attainment as follows:
Bachelor's degree $200 per
year, master's degree $300 per
year, doctorate degree $400 per year, to be effective during his or her next year
of service and a like increase at yearly intervals thereafter, with the
increases to be cumulative. However,
members who currently hold a college degree shall receive an additional salary
increase based upon educational attainment as follows: Bachelor's degree $200 per year, master's degree $300 per year, doctorate degree $400 per
year, to be effective on his or her next anniversary date and a like increase
at yearly intervals thereafter, with the increases to be cumulative.
(f) Each member of the West
Virginia State Police who obtains a college degree at the bachelors, masters or
doctorate degree shall receive a one-time $1,500 educational incentive payment
upon completion of the degree. Members
currently having a college degree shall receive the one-time payment with the
last pay period of the month following the effective date of the amendment and
reenactment of this section.
(f) (g) In applying the salary schedules set forth
in this section where salary increases are provided for length of service,
members of the West Virginia State Police in service at the time the schedules
become effective shall be given credit for prior service and shall be paid the
salaries the same length of service entitles them to receive under the
provisions of this section.
(g) (h) The Legislature finds and declares that
because of the unique duties of members of the West Virginia State Police, it
is not appropriate to apply the provisions of state wage and hour laws to
them. Accordingly, members of the West
Virginia State Police are excluded from the provisions of state wage and hour
law. This express exclusion shall not be
construed as any indication that the members were or were not covered by the
wage and hour law prior to this exclusion.
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 provided in this section.
The authority of the
superintendent to propose a legislative rule or amendment thereto for
promulgation in accordance with article three, chapter twenty-nine-a of this
code to establish the number of hours per month which constitute the standard
work month for the members of the West Virginia State Police is hereby
continued. The rule shall further
establish, on a graduated hourly basis, the criteria for receipt of a portion
or all of supplemental payment when hours are worked in excess of the standard
work month. The superintendent shall
certify monthly to the West Virginia State Police'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 $400
monthly. The superintendent and civilian
employees of the West Virginia State Police are not eligible for any
supplemental payments.
(h) (i) Each member of the West Virginia State
Police, 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 $5,000 payable to the State of West Virginia, conditioned upon the
faithful performance of his or her duties, and the bond shall be approved as to
form by the Attorney General and as to sufficiency by the Governor.
(i) (j) In consideration for
compensation paid by the West Virginia State Police to its members during those
members' participation in the West Virginia State Police Cadet Training Program
pursuant to section eight, article twenty-nine, chapter thirty of this code,
the West Virginia State Police may require of its members by written agreement
entered into with each of them in advance of such participation in the program
that, if a member should voluntarily discontinue employment any time within one
year immediately following completion of the training program, he or she shall
be obligated to pay to the West Virginia State Police a pro rata portion of
such compensation equal to that part of such year which the member has chosen
not to remain in the employ of the West Virginia State Police.
(j) (k) Any member of the West Virginia State
Police who is called to perform active duty 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 the active duty training or
inactive duty training and the time granted may not be deducted from any leave
accumulated as a member of the West Virginia State Police.
NOTE: The purpose of this bill is to increase the
longevity pay for members of the State Police.
The bill provides for certain increases in pay if certain educational
attainment is met by members of the State Police. The bill adjusts the timing of certain salary
changes.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.