WEST virginia legislature
2018 regular session
Committee Substitute
for
Senate Bill 419
By Senators Boley, Rucker, Cline, and Boso
[Originating in the Committee on Government Organization; Reported on February 23, 2018]
A BILL to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to establishing the classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory; requiring legislative rules for purpose of ensuring consistency, predictability, and independent review of systems developed under this section; establishing annual salary schedule for evidence technicians, forensic technicians, forensic analysts, and forensic analyst supervisors; authorizing the superintendent to appoint a forensic laboratory director and set the director’s salary; requiring manuals be provided; clarifying authority of superintendent or forensic laboratory director or administrator to increase base compensation based on merit within classification; requiring legislative rules to establish policy and procedure for determining eligibility for promotions among classifications; requiring legislative rules establish guidelines for awarding merit-based salary increases within classifications; and authorizing the inclusion of certain exempt civilian employees in supplemental pay option.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-5. Career progression system; salaries; exclusion from wages 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; the classification of civilian employees in the forensic laboratory as evidence technicians I-IV, forensic technicians I-IV, forensic analysts I-VI, and forensic analyst supervisors I-III; and the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII.
(b) The superintendent may
shall propose legislative rules for promulgation in accordance with
§29A-3-1 et seq. 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, 2018, members shall receive annual salaries payable at least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training........................................................................................... $34,858 Cadet Trooper After Training........................................................................................... $ 42,122
Trooper Second Year........................................................................................... …43,130
Trooper Third Year............................................................................................... …43,513
Senior Trooper...................................................................................................... …43,912
Trooper First Class............................................................................................... …44,518
Corporal................................................................................................................ …45,124
Sergeant................................................................................................................ …49,425
First Sergeant....................................................................................................... …51,576
Second Lieutenant................................................................................................ …53,726
First Lieutenant..................................................................................................... …55,877
Captain.................................................................................................................. …58,028
Major..................................................................................................................... …60,178
Lieutenant Colonel................................................................................................ …62,329
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I ............................................................................................................................ 43,130
II ........................................................................................................................... 43,912
III .......................................................................................................................... 44,518
IV .......................................................................................................................... 45,124
V ........................................................................................................................... 49,425
VI .......................................................................................................................... 51,576
VII ......................................................................................................................... 53,726
VIII ........................................................................................................................ 55,877
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I ............................................................................................................................ 43,130
II ........................................................................................................................... 43,912
III .......................................................................................................................... 44,518
IV .......................................................................................................................... 45,124
V ........................................................................................................................... 49,425
VI .......................................................................................................................... 51,576
VII ......................................................................................................................... 53,726
VIII ........................................................................................................................ 55,877
Beginning July 1, 2019, the annual salaries for members of each of the West Virginia State Police, the Administration Support Specialists, and the Criminalist classifications set forth in the schedules in this subsection shall be increased an additional $432.
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 §15-2-5
(e) §15-2-5 (f) of this code and supplemental pay as provided in §15-2-5(g)
§15-2-5 (i) of this code.
(e) Beginning on July 1, 2018, the superintendent shall appoint the position of forensic laboratory director or administrator and set the salary. The civilian evidence technicians, forensic technicians, forensic analysts, and forensic analyst supervisors within the West Virginia State Police shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
Evidence Technician
I $33,280
II $36,608
III $40,269
IV $44,296
ANNUAL SALARY SCHEDULE (BASE PAY)
Forensic Technician
I $38,480
II $41,174
III $44,056
IV $47,140
ANNUAL SALARY SCHEDULE (BASE PAY)
Forensic Analyst
I $43,680
II $45,864
III $49,075
IV $53,983
V $57,762
VI $61,806
ANNUAL SALARY SCHEDULE (BASE PAY)
Forensic Analyst Supervisor
I $59,382
II $63,539
III $67,987
(1) The superintendent shall provide to each evidence technician, forensic technician, forensic analyst, and forensic analyst supervisor a written manual governing the reclassification process within the West Virginia State Police Forensic Laboratory.
(2) Nothing in this subsection shall be construed to prohibit the superintendent or forensic laboratory director or administrator from increasing the base compensation for any evidence technician, forensic technician, forensic analyst, and forensic analyst supervisor based on merit within his or her classification.
(3) The legislative rules proposed for implementation of this section shall establish a policy and procedure for determining eligibility for promotions among classifications. Such legislative rules shall also provide guidelines for awarding merit-based salary increases within classifications.
(e) (f) 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
§15-2-5(d) of this code 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, 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
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) (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.
(h) Civilian employees of the West Virginia State Police whose salary is fixed and specified pursuant to this section shall receive, and are entitled to, an increase in salary over that set forth in §15-2-5(e) of this code as provided in §15-2-7(i) of this code.
(g) (i) 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 §29A-3-1 et seq. of this code to establish the number of hours per month which constitute the standard pay period 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 pay period. The superintendent shall certify at least twice per month to the West Virginia State Police’s payroll officer the names of those members who have worked in excess of the standard pay period and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $200 per pay period. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments pursuant to this subsection.
(h) (j) 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) (k) 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 §30-29-8 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) (l) 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 30 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.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.