ENROLLED
Senate Bill No. 545
(By Senators Wooton, Ball, Bowman, Dittmar, Fanning, Hunter,
Oliverio, Ross, Schoonover, Snyder, White, Buckalew, Deem, Kimble
and Scott)
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[Passed April 12, 1997; in effect ninety days from passage.]
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AN ACT to amend article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section ten-a,
relating to giving the superintendent of the West Virginia
state police the right of setoff against any unpaid benefits
when a member fails to return assigned clothing or equipment.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-a,
to read as follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-10a. Duty to return assigned items; superintendent's right
of setoff.
(a) Whenever any member of the department of public safety retires, resigns or is terminated from employment, he or she shall
surrender, in good condition, considering reasonable wear and tear
from proper use, all items of equipment and clothing assigned to
such member as set forth in section ten of this article:
Provided,
That this section shall not apply to any member awarded his or her
service revolver pursuant to the provisions of section forty-three
of this article.
(b) Notwithstanding any provision of this code to the
contrary, the superintendent of the department of public safety
shall have a setoff against any West Virginia state police
retirement benefits, salary owed, sick leave benefits or vacation
day benefits owed such retired, resigning or terminated member in
an amount equal to the value of any equipment and clothing not
returned. Notwithstanding the fact that a retired, resigning or
terminated member is no longer employed by the department of public
safety, the member may file a grievance for the sole purpose of
protesting the application of the setoff. Such a grievance shall
be processed, considered and decided pursuant to the provisions of
section six of this article and rules promulgated thereunder.
Prior to applying any setoff under this subsection, the
superintendent will notify the retired, resigning or terminated
member of his or her opportunity to file a grievance.
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