Bill Text: WV SB453 | 2017 | Regular Session | Comm Sub
Bill Title: Adding classification and base salaries of certain civilian employees of WV State Police Forensic Laboratory
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-03-27 - To House Finance [SB453 Detail]
Download: West_Virginia-2017-SB453-Comm_Sub.html
WEST virginia legislature
2017 regular session
Committee Substitute
for
Senate Bill 453
By Senators Boley and Cline
[Originating in the Committee on Government Organization; reported on March 17, 2017]
A BILL to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to adding the classification and base salaries of certain civilian employees of the West Virginia State Police Forensic Laboratory as evidence technicians, forensic technicians, forensic analysts and forensic analysts supervisors.
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 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; and 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 payable at least twice per month 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, 2017, 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 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 work
month pay period. The superintendent shall certify monthly at
least twice per month to the West Virginia State Police's payroll officer
the names of those members who have worked in excess of the standard work
month pay period and the amount of their entitlement to supplemental
payment. The supplemental payment may not exceed $400 monthly $184.62
per pay period. 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.
