Bill Text: WV HB3065 | 2018 | Regular Session | Introduced
Bill Title: Adding the classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Judiciary [HB3065 Detail]
Download: West_Virginia-2018-HB3065-Introduced.html
FISCAL
NOTE
WEST virginia legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL
Be it enacted by the
Legislature of West Virginia:
That §15-2-5 of the
Code of West Virginia, 1931, as amended, be amended and reenacted; and that
said code be amended to read as follows:
ARTICLE 2. WEST VIRGINIA
STATE POLICE.
§15-2-5. CAREER PROGRESSION SYSTEM; SALARIES;
EXCLUSION FROM WAGES AND HOUR LAW, WITH SUPPLEMENTAL PAYMENT; BOND; LEAVE TIME
FOR MEMBERS CALLED TO DUTY IN GUARD OR RESERVES.
(a)
The superintendent shall establish within the West Virginia State Police 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-VIII; and the temporary reclassification of members assigned
to administrative duties as administrative support specialist I-VIII; the
classification of civilian employees in the forensic laboratory as evidence
technicians I-IV, forensic technicians I-IV, forensic analysts I-VI, and
forensic analyst supervisors I-III.
(b)
The superintendent may propose legislative rules for promulgation in accordance
with article three, 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.
(c)
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 or
reclassification and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list. The superintendent shall provide to each
evidence technician, forensic technician, forensic analyst and forensic analyst
supervisor a written manual governing the reclassification process within the
West Virginia state police forensic laboratory.
(d)
Beginning on July 1, 2011, members shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE
PAY)
SUPERVISORY AND NONSUPERVISORY
RANKS
Cadet During Training $2,833 Mo. $33,994
Cadet Trooper After Training $3,438 Mo. $41,258
Trooper Second Year $42,266
Trooper Third Year $42,649
Senior Trooper $43,048
Trooper First Class $43,654
Corporal $44,260
Sergeant $48,561
First Sergeant $50,712
Second Lieutenant $52,862
First Lieutenant $55,013
Captain $57,164
Major $59,314
Lieutenant Colonel $61,465
ANNUAL SALARY SCHEDULE (BASE
PAY)
ADMINISTRATION SUPPORT
SPECIALIST CLASSIFICATION
I $42,266
II $43,048
III $43,654
IV $44,260
V $48,561
VI $50,712
VII $52,862
VIII $55,013
ANNUAL SALARY SCHEDULE (BASE
PAY)
CRIMINALIST CLASSIFICATION
I $42,266
II $43,048
III $43,654
IV $44,260
V $48,561
VI $50,712
VII
$52,862
VIII
$55,013
Each
member of the West Virginia State Police whose salary is fixed and specified in
this annual salary schedule is entitled to the length of service increases set
forth in subsection (e) (f) of this section and supplemental pay
as provided in subsection (g) (i) of this section.
(e) Beginning on July 1, 2018, the superintendent shall appoint the
position of forensic laboratory director or administrator and quality assurance
manager and affix their salaries. The
civilian evidence technicians, forensic technicians, forensic analysts and
forensic analyst’s supervisors for the
West Virginia State Police shall receive annual salaries as follows:
ANNUAL SALARY SCHEDULE (BASE
PAY)
EVIDENCE TECHNICIAN
I $33,280
II $36,608
III $40,269
IV $44,296
ANNUAL SALARY SCHEDULE (BASE
PAY)
FORENSIC TECHNICIAN
I $38,480
II $41,174
III $44,056
IV $47,140
ANNUAL SALARY SCHEDULE (BASE
PAY)
FORENSIC ANALYST
I $43,680
II $45,864
III $49,075
IV $53,983
V $57,762
VI $61,806
ANNUAL SALARY SCHEDULE (BASE
PAY)
FORENSIC ANALYST SUPERVISOR
I
$59,382
II
$63,539
III
$67,987
(e) (f)
Each member of the West Virginia State Police whose salary is fixed and
specified pursuant to this section shall receive, and is entitled to, an
increase in salary over that set forth in subsection (d) of this section for
grade in rank, based on length of service, including that service served before
and after the effective date of this section with the West Virginia State
Police as follows: Beginning on January 1, 2015 and continuing thereafter, at
the end of two years of service with the West Virginia State Police, the member
shall receive a salary increase of $500 to be effective during his or her next
year of service and a like increase at yearly intervals thereafter, with the
increases to be cumulative.
(g) Civilian employees of the West Virginia State Police whose salary is
fixed and specified pursuant to this section shall receive, and are entitled
to, an increase in salary over that set forth in subsection (e) as provided in
§15-2-7(i).
(f) (h)
In applying the salary schedules set forth in this section where salary
increases are provided for length of service, members of the West Virginia
State Police in service at the time the schedules become effective shall be
given credit for prior service and shall be paid the salaries the same length
of service entitles them to receive under the provisions of this section.
(g) (i) The Legislature finds
and declares that because of the unique duties of members of the West Virginia
State Police, it is not appropriate to apply the provisions of state wage and
hour laws to them. Accordingly, members
of the West Virginia State Police are excluded from the provisions of state
wage and hour law. This express
exclusion shall not be construed as any indication that the members were or
were not covered by the wage and hour law prior to this exclusion.
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
provided in this section.
The authority of the superintendent to propose
a legislative rule or amendment thereto for promulgation in accordance with
article three, chapter twenty-nine-a of this code to establish the number of
hours per month which constitute the standard work month for the members of the
West Virginia State Police is hereby continued.
The rule shall further establish, on a graduated hourly basis, the
criteria for receipt of a portion or all of supplemental payment when hours are
worked in excess of the standard work month.
The superintendent shall certify monthly to the West Virginia State
Police'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 may
not exceed $400 monthly. The
superintendent and civilian employees of the West Virginia State Police are not
eligible for any supplemental payments.
(h) (j)
Each member of the West Virginia State Police, except the superintendent and
civilian employees, shall execute, before entering upon the discharge of his or
her duties, a bond with security in the sum of $5,000 payable to the State of
West Virginia, conditioned upon the faithful performance of his or her duties,
and the bond shall be approved as to form by the Attorney General and as to
sufficiency by the Governor.
(i) (k)
In consideration for compensation paid by the West Virginia State Police to its
members during those members' participation in the West Virginia State Police
Cadet Training Program pursuant to section eight, article twenty-nine, chapter
thirty of this code, the West Virginia State Police may require of its members
by written agreement entered into with each of them in advance of such
participation in the program that, if a member should voluntarily discontinue
employment any time within one year immediately following completion of the
training program, he or she shall be obligated to pay to the West Virginia
State Police a pro rata portion of such compensation equal to that part of such
year which the member has chosen not to remain in the employ of the West
Virginia State Police.
(j) (l)
Any member of the West Virginia State Police who is called to perform active
duty 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 the active duty training or inactive duty training and the time
granted may not be deducted from any leave accumulated as a member of the West
Virginia State Police.
NOTE: The purpose of this bill is
to establish the classification of certain civilian employees of the Forensic
Laboratory as Evidence Technicians I-IV, Forensic Technicians I-IV, Forensic
Analysts I-VI, Forensic Analyst Supervisors I-III and for the superintendent to
appoint a forensic laboratory director and quality assurance manager and affix
those salaries in order for the forensic laboratory to maintain adequate staffing
to curtail the case backlog.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.