ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4016
(By Delegates Martin and Michael)
[Passed March 3, 1998; in effect July 1, 1998.]
AN ACT to amend and reenact sections three and four, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
structure of the state police; increasing the number of
principal supervisors who may be appointed by the state
police superintendent from eleven to fifteen.
Be it enacted by the Legislature of West Virginia:
That sections three and 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.
§15-2-3. State police structure; how established.
The superintendent shall create, appoint and equip the state
police which shall consist of the number of troops, districts and
detachments required for the proper administration of the state
police. Each troop, district or detachment shall be composed of
the number of officers and members the superintendent determines
are necessary to meet operational needs and are required for the efficient operation of the state police. The superintendent
shall establish the general organizational structure of the state
police by interpretive rule in accordance with the provisions of
article three, chapter twenty-nine-a of this code. The
superintendent shall provide adequate facilities for the training
of all members of the state police and shall prescribe basic
training requirements for newly enlisted members. He or she
shall also provide advanced or in-service training from time to
time for all members of the state police. The superintendent
shall hold training classes for other peace officers in the state
without cost to those officers, except actual expenses for food,
lodging and school supplies.
§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
state police fifteen 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.