
H. B. 4617

(By Delegates Douglas, Stalnaker,

Marshall, Manchin and H. White)

[Introduced February 22, 2000; referred to the

Committee on Government Organization then Finance.]
A BILL to amend and reenact sections twenty and twenty-one, article
two, chapter fifteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
state police; transfer of officers; notice required for
transfer; relocation expenses, regulation of a member's
residence, right to grieve, discipline; and rules governing
probationary period of members of state police.
Be it enacted by the Legislature of West Virginia:
That sections twenty and twenty-one, 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.
§15-2-20. Transfer authorized; notice required under certain
circumstances; relocation expense; regulation of
member's residence; limitation of grievance procedure
to nonprobationary member.





(a) The superintendent may transfer members to meet the
operational needs of the department state police. A transfer may
not be made as a disciplinary measure.





Whenever any member of the department state police is to be
transferred from one station to another station, for a period of
time in excess of sixty days, the superintendent shall give written
notice of such proposed transfer to such member at least fifteen
days in advance of such transfer. The superintendent shall not,
however, be required to give such notice in the event the transfer
is at the request of the member who is to be transferred. In the
event that a member appeals a transfer in accordance with section
six of this article, the transfer shall not take effect pending the
appeal before the board. If the board upholds the transfer, such
transfer shall be effective upon the issuance of the board's
decision and shall remain in effect pending any appeal of such
decision by the member.






(b) Whenever any member of the department state police is transferred from one station to another station, for a period of
time in excess of sixty days, all reasonable and necessary
transportation expenses actually incurred in moving the household
furniture and effects of such member and of his or her immediate
family from his or her former station to his or her new station
shall be paid by the department state police: Provided, That if
any such member owns and resides in a mobile home, the department
state police shall pay all reasonable and necessary transportation
expenses actually incurred in moving such mobile home from such
member's former station to his or her new station, but the
department state police may not pay transportation expenses for
moving such mobile home in excess of the amount which would have
been paid for moving an equivalent amount of household furniture
and effects had such member not owned such mobile home.





A member transferred shall also be given a relocation expense
of three hundred dollars if the transfer necessitated relocation of
the member's family.





(c) The superintendent shall not restrict a member from
residing in a county other than that in which the member is
stationed, except that the superintendent may promulgate by
appropriate written regulation to be applied uniformly throughout the department state police a restriction as to either: (1) The
number of miles distant from his or her station which a member may
reside, or (2) the time necessary under ordinary traffic conditions
for a member to travel between his or her residence and station.





(d) The member may appeal grieve the superintendent's order of
transfer to the board of appeals through the grievance procedure
created for such purpose in accordance with the provisions of
section twenty-five of this chapter or to the circuit court of
Kanawha County in accordance with the provisions of section six of
this article and all of the original papers in such cases shall be
delivered to the appeals board or the circuit court, as the case
may be. The right of a member to appeal grieve a transfer shall
not apply until the member has completed the eighteen-month
probationary period with the department their probationary period
with the state police.
§15-2-21. Suspension, demotion or discharge of members; right to
grieve; minimum probationary period for members.





(a) The superintendent may suspend, demote in rank or
discharge from the service any member of the department of public
safety state police for any of the following causes: Refusing to
obey the lawful orders of his or her superior officer, neglect of duty, drunkenness, immorality, inefficiency, abuse of his or her
authority, interference with the lawful right of any person,
participation in political activities, primaries, conventions or
elections, conviction for a crime or any action proscribed under
this article, or existing rules made in compliance with the
provisions of section twenty-five of this article. The
superintendent shall cause an investigation to be made when notice
of any one or more of such causes is brought to his or her
attention and shall determine whether or not the member should be
suspended, demoted in rank or discharged. If the superintendent
orders the member suspended, demoted in rank or discharged, a
written statement of the charges and a written order of suspension,
demotion in rank or discharge shall be delivered personally to the
member by his or her commanding officer, or next in command in the
absence of his or her commanding officer. The superintendent shall
explicitly set forth in any such written statement of charges the
details giving rise to the cause or causes upon which he or she
ordered such suspension, demotion in rank or discharge.





(b) The member may appeal grieve the superintendent's order to
the board of appeals through the grievance procedure created for
such purpose in accordance with the provisions of section twenty-five of this chapter. or to the circuit court of Kanawha
County in accordance with the provisions of section six of this
article and all of the original papers in such cases shall be
delivered to the appeals board or the circuit court, as the case
may be.





The right of a member to appeal grieve a suspension or
discharge disciplinary action shall not apply to members until
they have completed their probationary period with the department
state police, which shall be for a minimum period of eighteen
months.





(c) The probationary period shall begin from the members' date
of enlistment. The superintendent shall make rules in accordance
with the provisions of section twenty-five of this article
regarding probationary periods within the state police.





NOTE: The purpose of this bill is to substitute more recently
invoked terminology for the name of the agency. The bill also
substitutes a grievance process for one of appeal. It eliminates
the prohibition against transferring a state policeman for
disciplinary reasons. The bill clarifies the authority of the
superintendent to levy certain types of discipline not specifically
stated within the section, and addresses the promulgation of rules
by the superintendent regarding the probationary period of members.





Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.