H. B. 2550
(By Delegates DeLong, Miley, Stephens, Marshall, Caputo,
Rodighiero, Boggs and Fleischauer)
[Introduced January 26, 2007; referred to the Committee on the
Judiciary then Finance.]
A BILL to amend and reenact §15-2-5 of the Code of West Virginia,
1931, as amended;
relating to West Virginia state receiving
on-call and off-duty pay; providing that state police be paid
minimum wage for every hour on-call; and guaranteeing a
minimum of two hours pay to state police when called to duty
during off hours.
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:
§15-2-5. Career progression system; salaries; exclusion from wage
and hour law, with supplemental payment; bond; leave
time for members on-call and to duty.
(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-VII; 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 the first day of November, two thousand five,
and continuing until and including the thirtieth day of June, two
thousand six, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training $2,218.50 Mo.$26,622
Cadet Trooper After Training 2,621.50 Mo.31,458
Trooper Second Year31,922
Trooper Third Year 32,294
Trooper Fourth & Fifth Year 32,594
Senior Trooper 34,682
Trooper First Class 36,770
Corporal 38,858
Sergeant 43,034
First Sergeant 45,122
Second Lieutenant 47,210
First Lieutenant 49,298
Captain 51,386
Major 53,474
Lieutenant Colonel 55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I $32,594
II 34,682
III36,770
IV 38,858
V 43,034
VI 45,122
VII 47,210
VIII 49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I $32,594
II 34,682
III 36,770
IV 38,858
V 43,044
VI 45,122
VII 47,210
VIII 49,298
Beginning on the first day of July, two thousand six, and
continuing until and including the thirtieth day of June, two
thousand seven, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$2,343.50 Mo.$28,122
Cadet Trooper After Training2,913.17 Mo.34,958
Trooper Second Year 36,922
Trooper Third Year 37,294
Senior Trooper 37,682
Trooper First Class 38,270
Corporal 38,858
Sergeant 43,034
First Sergeant 45,122
Second Lieutenant 47,210
First Lieutenant 49,298
Captain 51,386
Major 53,474
Lieutenant Colonel 55,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I$37,294
II 37,682
III38,270
IV 38,858
V43,034
VI 45,122
VII47,210
VIII 49,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I$37,294
II 37,682
III38,270
IV 38,858
V43,044
VI 45,122
VII47,210
VIII 49,298
Beginning on the first day of July, two thousand seven,
until and including the thirtieth day of June, two thousand
eight, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$2,468.50 Mo.$29,622
Cadet Trooper After Training 3,038.17 Mo.36,458
Trooper Second Year 37,922
Trooper Third Year 38,294
Senior Trooper 38,682
Trooper First Class 39,270
Corporal 39,858
Sergeant 44,034
First Sergeant 46,122
Second Lieutenant48,210
First Lieutenant 50,298
Captain52,386
Major54,474
Lieutenant Colonel 56,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I$38,294
II 38,682
III39,270
IV 39,858
V44,034
VI46,122
VII48,210
VIII50,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I$38,294
II 38,682
III39,270
IV 39,858
V44,044
VI 46,122
VII48,210
VIII 50,298
Beginning on the first day of July, two thousand eight, and
continuing thereafter, members shall receive annual salaries as
follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$2,593.50 Mo.$31,122
Cadet Trooper After Training 3,163.17 Mo.37,958
Trooper Second Year38,922
Trooper Third Year39,294
Senior Trooper 39,682
Trooper First Class 40,270
Corporal 40,858
Sergeant 45,034
First Sergeant 47,122
Second Lieutenant 49,210
First Lieutenant 51,298
Captain 53,386
Major 55,474
Lieutenant Colonel 57,562
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I$39,294
II 39,682
III40,270
IV 40,858
V45,034
VI 47,122
VII49,210
VIII 51,298
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I$39,294
II 39,682
III40,270
IV 40,858
V45,034
VI 47,122
VII49,210
VIII 51,298
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) 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: At the end of two years of service with the West Virginia State Police, the member shall receive a salary increase
of four hundred dollars 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.
(f) 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) 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 two hundred thirty-six dollars monthly. The
superintendent and civilian employees of the West Virginia State
Police are not eligible for any supplemental payments.
(h) 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 five thousand dollars 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) 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) 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.
(k) When any member of the West Virginia state police is
required to be on-call during off-duty hours and the activities of
that member are restricted during the on-call time period to allow
rapid response to a call, that member shall be paid the minimum
wage as provided in section one, article fifteen-c, chapter two of this code, for every hour which he or she is on-call. This
provision applies only to those members exempted from the federal
Fair Labor Standards Act, pursuant to 29 USC §213. This on-call pay
is not subject to any retirement deduction, and shall not be
included in retirement annuity calculations. The on-call pay shall
only be for the hours on-call and not for any time periods the
member is called back to work.
(l) Members who are off-duty and called back to work shall be
guaranteed a minimum of two hours work or actual hours worked,
whichever is greater.
NOTE: The purpose of this bill is to ensure that members of
the West Virginia state police, who are called back to work when
off-duty, are to be compensated for those hours in compliance with
the Fair Labor Standards Act; and to guarantee a minimum of two
hours pay or actual hours worked, whichever is greater.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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