H. B. 2854
(By Delegates Douglas, Collins, Varner, Everson, J. Smith and
(Originating in the Committee on Government Organization)
[February 19, 1999]
A BILL to amend and reenact section four, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the appointments
of commissioned, noncommissioned officers, other members;
temporary and permanent positions of the state police.
Be it enacted by the Legislature of West Virginia:
That section four, article two, chapter fifteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, be
amended and reenacted, to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-4. Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.
(a) The superintendent shall appoint, from the enlisted
membership of the state police, a deputy superintendent who shall
hold the rank of lieutenant colonel and be next in authority to the superintendent. The superintendent shall appoint, from the
enlisted membership of the state police, the number of other
officers and members he or she considers necessary to operate and
maintain the executive offices, training school, and forensic
laboratory; and to keep records relating to crimes and criminals,
coordinate traffic safety activities, maintain a system of supplies
and accounting and perform other necessary services.
(b) The ranks within the membership of the state police shall
be colonel, lieutenant colonel, major, captain, first lieutenant,
second lieutenant, first sergeant, sergeant, corporal, trooper
first class, senior trooper, trooper or cadet trooper. Each
member while in uniform shall wear the insignia of rank as provided
by law and written state police policies. Members assigned to the
forensic laboratory shall hold the title of trooper, be classified
as criminalists and wear the insignia of classification as provided
by written state police policies.
The superintendent may appoint from the membership of the
principal supervisors who shall
receive the compensation and hold the temporary rank of lieutenant
colonel, major or captain at the will and pleasure of the
superintendent. Appointments are exempt from any eligibility
requirements established by the career progression system. Any
person appointed to a temporary rank under the provisions of this
article remains eligible for promotion or reclassification under
the provisions of the career progression system if his or her permanent rank is below that of first lieutenant. Upon the
termination of a temporary appointment by the superintendent, the
member may not be reduced to a rank or classification below his or
her permanent rank or classification, unless the reduction results
from disciplinary action, and remains eligible for subsequent
appointment to a temporary rank.