SENATE CONCURRENT RESOLUTION NO. 47
(By Senators Kessler, Browning, Chafin, Foster, Jenkins, Laird,
Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Deem
and Hall)
[Originating in the Committee on the Judiciary]
Requesting the
Joint Committee on the Judiciary
to study the option
of expanding the responsibilities of the law-enforcement
training subcommittee and renaming it the law-enforcement
professional standards subcommittee for the primary purposes
of establishing uniform standards for the decertification of
law-enforcement officers pursuant to instances of major
misconduct and to establish a database of law-enforcement
officers who were disciplined for certain behavior or resigned
during disciplinary proceedings.
Whereas, there are no uniform standards for the
decertification of law enforcement officers for major misconduct
occurring within the scope of their employment as sworn law
enforcement officers; and
Whereas, there is no centralized system for law enforcement
organizations to perform preliminary research on applicants and
whether they have been the subject of discipline in their prior
jobs within the state; and
Whereas, the law-enforcement training subcommittee is
responsible for developing procedures related to training of law-
enforcement officers in West Virginia, but there is no state body
responsible for law-enforcement professional standards; and
Whereas, there have been multiple instances recently of law-
enforcement officers in West Virginia changing jobs from one law-
enforcement entity to another after the law-enforcement officer
either was disciplined or resigned during disciplinary procedures;
and
Whereas, the people of West Virginia would benefit from law-
enforcement entities utilizing a centralized database that tracks
certain discipline law-enforcement officers have received and
instances of law-enforcement officers resigning during disciplinary
procedures; and
Whereas, Senate Bill 554 was introduced to address these
situations during the 2010 Legislative session, but stakeholders
and interested parties believed more time and attention should be
given to crafting a solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested
to study the possibility of establishing a database of law-
enforcement officers who were disciplined for certain behavior or
resigned during disciplinary proceedings; and, be it
Further Resolved, That the study address what type of behavior and disciplinary actions shall be reported to any established
database and how such information shall be reported; and, be it
Further Resolved, That the study address the future use of any
established directory by law-enforcement entities, with special
focus on the potential requirement of checking the database before
hiring and law-enforcement officer; and, be it
Further Resolved, That the study shall review the feasibility
of expanding the responsibilities of the law-enforcement training
subcommittee and renaming it the law-enforcement professional
standards subcommittee; and, be it
Further Resolved, That the study address providing the
authority to decertify law-enforcement officers and under what
situation such action may be taken; and, be it
Further Resolved, That the
Joint Committee on the Judiciary
report to the regular session of the Legislature in 2011 on its
findings, conclusions and recommendations, together with any
legislation necessary to effectuate its recommendations
; and, be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the
Joint Committee on the
Judiciary
.