Senate Bill No. 133
(By Senators Burdette, Mr. President, Boley, Anderson, Bailey,
Blatnik, Chafin, Chernenko, Claypole, Craigo, Dalton,
Dittmar, Helmick, Holliday, Humphreys, Jones, Lucht, Manchin,
Miller, Minard, Plymale, Ross, Schoonover, Sharpe, Tomblin,
Wagner, Whitlow, Wooton and Yoder)
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[Introduced January 28, 1994; referred to the
Committee on Finance.]
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A BILL to amend and reenact section five, article two, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to increasing the
annual salary schedule for members of the division of public
safety by one thousand dollars.
Be it enacted by the Legislature of West Virginia:
That section five, 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. DIVISION OF PUBLIC SAFETY.
§15-2-5. Career progression system; salaries; exclusion from
wage and hour law, with supplemental payment; bond;
leave time for members called to duty in guard or
reserves.
The superintendent shall establish within the department of
public safety 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-VII; and the temporary
reclassification of members assigned to administrative duties as
administrative support specialist I-VIII.
The superintendent shall, only in the initial implementation
of this section, reclassify nonsupervisory members without
benefit or requirement of a promotional or reclassification
system as long as those reclassified meet the longevity
requirements for advancement as follows: Trooper - less than
three years; senior trooper - three years to eight years; trooper
first class - nine years to fourteen years; corporal - more than
fourteen years.
The superintendent is authorized to promulgate legislative
rules in accordance with chapter twenty-nine-a of this code for
the purpose of ensuring consistency, predictability and
independent review of any system developed under the provisions
of this section.
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 orreclassification and the subsequent placement of any members on
a promotional eligibility or reclassification recommendation
list.
Members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training$1,600 Mo.$1,683.33 Mo.$19,200$20,200
Cadet Trooper After
Training 1,715 Mo. 1,798.33 Mo. 20,580
21,580
Trooper Second Year 20,976 21,976
Trooper Third Year 21,300 22,300
Trooper Fourth & Fifth Year 21,552 22,552
Senior Trooper 23,352 24,352
Trooper First Class 25,152 26,152
Corporal 26,952 27,952
Sergeant 30,552 31,552
First Sergeant 32,352 33,352
Second Lieutenant 34,152 35,152
First Lieutenant 35,952 36,952
Captain 37,752 38,752
Major 39,552 40,552
Lieutenant Colonel 41,352 42,352
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION
SUPPORT SPECIALIST CLASSIFICATION
I21,55222,552
II23,35224,352
III25,15226,152
IV26,95227,952
V30,55231,552
VI32,35233,352
VII34,15235,152
VIII35,95236,952
ANNUAL SALARY SCHEDULE (BASE PAY)
CRIMINALIST CLASSIFICATION
I21,55222,552
II23,35224,352
III25,15226,152
IV26,95227,952
V30,55231,552
VI32,35233,352
VII34,15235,152
Each member of the department whose salary is fixed and
specified herein shall receive and be entitled to an increase in
salary over that hereinbefore set forth, for grade in rank, based
on length of service, including that heretofore and hereafter
served with the department as follows: At the end of five years
of service with the department, such member shall receive a
salary increase of three hundred dollars to be effective during
his next three years of service and a like increase at three-year
intervals thereafter, with such increases to be cumulative.
In applying the foregoing salary schedule where salaryincreases are provided for length of service, members of the
department in service at the time this article becomes effective
shall be given credit for prior service and shall be paid such
salaries as the same length of service will entitle them to
receive under the provisions hereof.
The Legislature finds and declares that because of the
unique duties of members of the department, it is not appropriate
to apply the provisions of state wage and hour laws to them.
Accordingly, members of the department of public safety are
hereby excluded from the provisions of state wage and hour law.
The express exclusion hereby enacted shall not be construed as
any indication that such members were or were not heretofore
covered by said wage and hour law.
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
hereinafter provided.
The superintendent shall, within thirty days after the
effective date hereof, promulgate a rule to establish the number
of hours per month which shall constitute the standard work month
for the members of the department. The rule shall further
establish, on a graduated hourly basis, the criteria for receipt
of a portion or all of such supplemental payment when hours are
worked in excess of said standard work month. The rule shall be
promulgated pursuant to the provisions of chapter twenty-nine-aof this code. The superintendent shall certify monthly to the
department's payroll officer the names of those members who have
worked in excess of the standard work month and the amount of
their entitlement to supplemental payment.
The supplemental payment shall not exceed two hundred
thirty-six dollars monthly. The superintendent and civilian
employees of the department shall not be eligible for any such
supplemental payments.
Each member of the department, except the superintendent and
civilian employees, shall execute, before entering upon the
discharge of his duties, a bond with security in the sum of five
thousand dollars payable to the state of West Virginia,
conditioned upon the faithful performance of his or her duties,
and such bond shall be approved as to form by the attorney
general and to sufficiency by the governor.
Any member of the department who is called to perform active
duty for 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
thirty calendar days for the purpose of performing such active
duty for training or inactive duty training, and the time so
granted shall not be deducted from any leave accumulated as a
member of the department.
NOTE: The purpose of this bill is to increase the annual
base salaries of members of the division of public safety by
$1000.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.