Bill Text: WV SB613 | 2021 | Regular Session | Enrolled
Bill Title: Adding classification and base salaries of certain civilian employees of State Police Forensic Laboratory
Spectrum: Bipartisan Bill
Status: (Passed) 2021-05-24 - Chapter 209, Acts, Regular Session, 2021 [SB613 Detail]
Download: West_Virginia-2021-SB613-Enrolled.html
WEST virginia legislature
2021 regular session
Enrolled
Committee Substitute
for
Senate Bill 613
By Senators Weld, Lindsay, Woodrum, Baldwin, and Stollings
[Passed April 9, 2021; to take effect July 1, 2021]
AN ACT to amend and reenact §15-2-5 and §15-2-7 of the Code of West Virginia, 1931, as amended, all relating to adding the classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory as Evidence Custodians I-IV, Forensic Technicians I-III, Forensic Scientists I-VI, and Forensic Scientist Supervisors I-IV; providing for promotion based upon the Forensic Lab Career Progression System; directing that a written manual be provided to individuals within the forensic laboratory governing certain established systems and that specific procedures must be identified for the evaluation of promotion or reclassification of those individuals; and providing for the inclusion of these civilian employees in longevity salary increase provisions.
Be it enacted by the Legislature of West Virginia:
article 2. west virginia police.
§15-2-5. Career progression system state; salaries; exclusion from wage and hour laws, 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: (1) The promotion of members to the supervisory ranks of sergeant, first sergeant, second lieutenant, and first lieutenant; (2) the classification of nonsupervisory members within the field operations force to the ranks of trooper, senior trooper, trooper first class, or corporal; and (3) the temporary reclassification of members assigned to administrative duties as administrative support specialist I-VIII. The promotion of individuals in the forensic laboratory shall include the classifications of Evidence Custodians I-IV, Forensic Technicians I-III, Forensic Scientists I-VI, and Forensic Scientist Supervisors I-IV, based on the Forensic Lab Career Progression System.
(b) The superintendent may propose legislative rules for promulgation in accordance with §29A-3-1 et seq. 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. A written manual shall also be provided to individuals within the forensic laboratory governing any system established under the provisions of this section and specific procedures shall be identified for the evaluation of promotion or reclassification of those individuals.
(d) Beginning on July 1, 2019, members shall receive annual salaries payable at least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
SUPERVISORY AND NONSUPERVISORY RANKS
Cadet During Training ............................................................................................ $ 38,524
Cadet Trooper After Training...................................................................................... 45,784
Trooper Second Year ................................................................................................ 46,796
Trooper Third Year .................................................................................................... 47,179
Senior Trooper ........................................................................................................... 47,578
Trooper First Class .................................................................................................... 48,184
Corporal ..................................................................................................................... 48,790
Sergeant .................................................................................................................... 53,091
First Sergeant ............................................................................................................ 55,242
Second Lieutenant ..................................................................................................... 57,392
First Lieutenant .......................................................................................................... 59,543
Captain ...................................................................................................................... 61,694
Major .......................................................................................................................... 63,844
Lieutenant Colonel ..................................................................................................... 65,995
ANNUAL SALARY SCHEDULE (BASE PAY)
ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION
I ................................................................................................................................ $46,796
II ................................................................................................................................. 47,578
III ................................................................................................................................ 48,184
IV ................................................................................................................................ 48,790
V ................................................................................................................................. 53,091
VI ................................................................................................................................ 55,242
VII ............................................................................................................................... 57,392
VIII .............................................................................................................................. 59,543
Beginning on July 1, 2021, designated individuals within the forensic laboratory shall receive annual base salaries payable at least twice per month as follows:
ANNUAL SALARY SCHEDULE (BASE PAY)
EVIDENCE CUSTODIAN
I ................................................................................................................................ $35,650
II ................................................................................................................................. 37,978
III ................................................................................................................................ 41,639
IV ................................................................................................................................ 44,666
FORENSIC TECHNICIAN
I ................................................................................................................................ $37,850
II ................................................................................................................................. 39,544
III ................................................................................................................................ 43,426
FORENSIC SCIENTIST
I ................................................................................................................................ $45,050
II ................................................................................................................................. 47,234
III ................................................................................................................................ 49,338
IV ................................................................................................................................ 51,737
V ................................................................................................................................. 55,263
VI ................................................................................................................................ 59,063
FORENSIC SCIENTIST SUPERVISOR
I ................................................................................................................................ $61,762
II ................................................................................................................................. 65,326
III ................................................................................................................................ 69,104
IV ................................................................................................................................ 73,108
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 §15-2-5(e) of this code and supplemental pay as provided in §15-2-5(g) of this code.
(e) 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 §15-2-5(d) of this code 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. The forensic laboratory employees whose salaries are fixed and specified pursuant to this section, shall receive, and are entitled to, an increase in salary over that set forth in §15-2-5(d) of this code, in accordance with §15-2-7(h) of this code.
(f) 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) 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 laws. This express exclusion shall not be construed as any indication that the members were or were not covered by the wage and hour laws prior to this exclusion.
In lieu of any overtime pay they might otherwise have received under the wage and hour laws, 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 §29A-3-1 et seq. of this code to establish the number of hours per month which constitute the standard pay period 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 pay period. The superintendent shall certify at least twice per month to the West Virginia State Police payroll officer the names of those members who have worked in excess of the standard pay period and the amount of their entitlement to supplemental payment. The supplemental payment may not exceed $200 per pay period. The superintendent and civilian employees of the West Virginia State Police are not eligible for any supplemental payments.
(h) 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) 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 §30-29-8 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) 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 30 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.
§15-2-7. Cadet selection board; qualifications for and appointment to membership in State Police; civilian employees; forensic laboratory employees; salaries.
(a) The superintendent shall establish within the West Virginia State Police a cadet selection board which shall be representative of commissioned and noncommissioned officers within the State Police.
(b) The superintendent shall appoint a member to the position of trooper from among the top three names on the current list of eligible applicants established by the cadet selection board.
(c) Preference in making appointments shall be given whenever possible to honorably discharged members of the armed forces of the United States and to residents of West Virginia. Each applicant for appointment shall be a person not less than 21 years of age nor more than 39 years of age, of sound constitution and good moral character, and is required to pass any mental and physical examination and meet other requirements as provided in rules promulgated by the cadet selection board: Provided, That a former member may, at the discretion of the superintendent, be reenlisted.
(d) No person may be barred from becoming a member of the State Police because of his or her religious or political convictions.
(e) The superintendent shall adhere to the principles of equal employment opportunity set forth in §5-11-1 et seq. of this code and shall take positive steps to encourage applications for State Police membership from females and minority groups within the state. An annual report shall be filed with the Legislature on or before January 1 of each year by the superintendent which includes a summary of the efforts and the effectiveness of those efforts intended to recruit females, African-Americans, and other minorities into the ranks of the State Police.
(f) Except for the superintendent, no person may be appointed or enlisted to membership in the State Police at a grade or rank above the grade of trooper.
(g) The superintendent shall appoint civilian employees as are necessary and all employees may be included in the classified service of the civil service system except those in positions exempt under the provisions of §29-6-1 et seq. of this code.
(h) Effective June 30, 2014, West Virginia State Police civilian employees with a minimum of one year service shall receive an annual longevity salary increase equal to $500. The increases in salary provided by this subsection are in addition to any other increases to which the civilian employees might otherwise be entitled.
(i) Effective July 1, 2014, all current West Virginia State Police Forensic Laboratory analysts, directors, and evidence technicians shall receive a one-time, across-the-board salary increase equal to 20 percent of their current salary.
(j) On or before January 1, 2018, the Director of the West Virginia State Police Forensic Laboratory shall submit a report to the Joint Committee on Government and Finance detailing the West Virginia State Police Forensic Laboratory's ability to retain employees.
(k) Effective July 1, 2021, the salaries of West Virginia State Police Forensic Laboratory Evidence Custodians, Forensic Technicians, Forensic Scientists, and Forensic Scientist Supervisors shall be as set forth in the provisions of §15-2-5(d) of this code.
