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.