HOUSE CONCURRENT RESOLUTION NO. 65
(By Delegates Douglas, Collins, Azinger, Butcher, Capito,
Claypole, Davis, Everson, Flanigan, Heck, Given, Kuhn,
Louisos, Overington, Prunty, Smith, Stalnaker, Thompson,
Tucker, Varner, H. White, Willis and Willison)
Requesting the Joint Committee on Government and Finance to
conduct a study on the creation of a statutory entity to
review internal investigations of complaints lodged against
state, county and local police personnel.
Whereas, Internal affairs functions of the state, county and
local police provide a mechanism for investigation of complaints
of acts of discourtesy or the use of excessive force by members
of the state police, but provide no opportunity for participation
in the review process by citizens or executive officers; and
Whereas, Review of complaints against members of state,
county and local police presents troubling questions about the
extent to which the public interest requires confidentiality, and
the extent to which the public interest requires disclosure of
certain findings; and
Whereas, Review of complaints against members of state, county and local police presents troubling questions about
appropriate mechanisms which balance the constitutional,
statutory or common law rights of police personnel against whom
a complaint is filed with the rights of the complainants bringing
charges of misconduct; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to conduct a study on the creation of a statutory
entity to review internal investigations of complaints lodged
against state, county and local police personnel and make
recommendations on the composition and functions of any board to
be created to the Legislature in the regular session 1999; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 19989,
on its findings, conclusions and recommendations, together with
drafts of any legislation necessary to effectuate its
recommendations; and, be it
Further Resolved, That expenses necessary to conduct this
study and to prepare and report necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
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