W. Va. Code R. § 81-3-4

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 81-3-4 - Permanent Rank Promotions

4.1. Eligibility Requirements.

4.1.a. Participation in the Supervisory Field Promotional System is restricted to those members who have achieved and hold the permanent classification or rank of Trooper First Class, Corporal, Sergeant, First Sergeant or Second Lieutenant when new promotional cycles are initiated by the Superintendent. If the Superintendent initiates a promotional cycle pursuant to this section, the member must meet all of the applicable eligibility requirements set forth in this rule in order to participate in any phase of the cycle as of the first day of the month following the initiation of the cycle.

4.1.a.1. Members holding the rank of Trooper First Class, having completed seven years' service, or Corporals may request promotion to the rank of Sergeant.

4.1.a.2. Non-probationary Sergeants, who have at least one year in the present rank, may request promotion to the rank of First Sergeant.

4.1.a.3. Non-probationary First Sergeants may request promotion to the rank of Second or First Lieutenant.

4.1.a.4. Non-probationary Second Lieutenants may request promotion to the rank of First Lieutenant.

4.1.b. To participate in the Supervisory Field Promotional System, the member will meet the basic eligibility requirements as required by Subsection 3.5 and Subdivision 4.1.a of this rule.

4.1.c. The Promotional Standards Officer shall notify all members of the requisite rank or classification when a promotional cycle has been initiated and shall provide to those members forms to request promotional consideration. Members on permanent rank probation or members who do not meet the provisions of Subsection 3.5 and Subdivision 4.1.a of this rule are not eligible to receive notification of or participate in the promotional cycle.

4.2. Composite Score.

4.2.a. Members who participate in the Supervisory Field Promotional System will receive a composite score as determined by a competitive process including both written and practical examinations, as well as the member's State Police tenure, educational background, physical fitness test and time-in-grade.

4.2.b. The maximum attainable composite score for First Sergeant and Lieutenant candidates is 116.0 points. The maximum attainable composite score for Sergeant candidates is 109.0 points with the determination of points made as follows:

4.2.b.1. Written examination -- The member may receive up to 40 points for the written examination, which will consist of no less than 40 written questions.

4.2.b.2. Practical examination -- The member may receive up to 15 points for an oral assessment and may receive up to 10 points for an in-basket exercise, not to exceed 25 cumulative points.

4.2.b.3. Longevity -- The member will receive .0833 point, not to exceed 20 points for each month of service from 61 to 300 months, inclusive.

4.2.b.4. Education -- The member will receive .075 point, not to exceed 10 points, for each certified college semester hour or each five cumulative days of successfully completed schools authorized or sanctioned by Department Special Order. A member will receive additional points for completion of a post-secondary educational degree as follows: bachelor's degree - one point; master's degree - one and one-half points; doctorate - two points. Points for educational degrees are not cumulative and multiple degrees will not earn additional points. The cumulative points awarded for education may not exceed 12.

4.2.b.5. Physical fitness test -- The member will receive 1.0 point, not to exceed a total of 9.0 points, for each section of the semi-annual physical fitness test passed by the member during the two-year period prior to the initiation of the promotional cycle. Points will be awarded for the three highest scoring semi-annual tests achieved by the member during the two-year period; the lowest test score will be eliminated. Medical deferrals and waivers will not be recognized. Points for the physical fitness test will only be awarded to those members who successfully complete the individual sections of the assessment. Members on military leave during these semi-annual tests will be given the physical fitness test within 30 days following the completion of the absence to be awarded the applicable promotional points. If a member misses more than one physical fitness test while on military leave, the score for the physical fitness test taken within the 30-day time period will be used for all physical fitness tests missed.

4.2.b.6. Time in Grade -- First Sergeant and Lieutenant candidates will receive .0416 point, not to exceed 7 points for each month of service in their current rank from 13 to 180 months, inclusive.

4.2.b.7. Firearms Qualification -- The member will receive up to 1.5 points per year, not to exceed a total of 3.0 points for a two-year period, based upon the member's score during firearms qualification during the two most recent annual in-service training sessions.

4.3. Initiation of promotional cycle.

4.3.a. The Superintendent may initiate a promotional cycle when one or more of the following conditions exist:

4.3.a.1. An insufficient number of candidates remain on a current promotional list to fill supervisory vacancies;

4.3.a.2. A number of members, equal to or greater than ten percent of the number remaining on the current list, reach a tenure requirement that would permit their participation in the Supervisory Field Promotional System; or

4.3.a.3. The current promotional list has been active for at least 12 calendar months.

4.3.b. Beginning on January 1, 2012, and every two years thereafter on January 1^st, the Superintendent shall initiate a promotional cycle for the ranks of Sergeant, First Sergeant, and Lieutenant.

4.4. Selection and review board and its duties.

4.4.a. The selection and review board consists of six voting members and a chairperson who will only vote in cases of tie.

4.4.a.1. The board will meet at the direction of the Superintendent.

4.4.a.2. The voting members shall be two members of the Non-supervisory Rank Classification System and one member of each of the supervisory ranks of Sergeant and First Sergeant. These members shall be drawn by blind lot by the Superintendent or a member of the Senior Staff from a list of members of the applicable classification or supervisory rank determined by the Superintendent to be eligible to participate in the Supervisory Field Promotional System. The voting members shall also include two members of the First or Second Lieutenant rank who will be drawn from a list of all Lieutenants in the Department.

4.4.a.3. Each voting member has equal voting privileges, and all actions of the board shall be by majority decision.

4.4.a.4. The Superintendent shall appoint the board chair from the Senior Staff.

4.4.a.5. A member who is selected for inclusion on this board may not vote on any issue of his or her personal promotion, and any member so affected will be recused from any deliberations concerning that issue.

4.4.a.6. The voting members of this board shall serve a minimum term of 12 consecutive months unless the member is unable to serve due to illness, injury, promotion, demotion, suspension, or other cause.

4.4.a.7. In instances where a member cannot fulfill the original term of the board, the Superintendent shall appoint another member of equal rank or classification to fulfill the term.

4.4.a.8. Prior to assuming the duties of the board, the Superintendent shall administer the following oath to each member:

"I, _________, do solemnly swear (or affirm) that I will, without prejudice or partiality, perform the duties hereby imposed upon me as a member of this board."

4.4.a.9. Upon request of the board, the Human Resources Director or other person designated by the Superintendent shall provide specific information concerning an individual member's personnel records necessary for determining promotional scores or eligibility.

4.4.b. Duties.

4.4.b.1. The board has responsibility for reviewing the eligibility of applicants for promotion, determining individual promotional category scores, reviewing all supervisory recommendations and non-recommendations and determining individual positions of applicants on the rank ordered promotional list.

4.4.b.2. The board shall communicate with the reclassification boards within the Career Progression System and shall present annually to the Superintendent a review of the Career Progression System listing identified problems with suggestions for corrective action.

4.4.b.3. Following the board's evaluation of applicant members' eligibility for supervisory rank promotions, the board will individually transmit to every affected member the results of his or her individual eligibility review. The transmittals will be made following the review of the initial eligibility requirements with a second transmittal following the completion of the competitive testing procedures.

4.5. Rank ordered promotional list.

4.5.a. Members participating in the Supervisory Field Promotional System will be rank ordered on a promotional list according to the member's composite score as established under Subsection 4.2 of this rule.

4.5.b. The selection and review board shall submit to the Superintendent the rank ordered promotional list of members eligible for supervisory promotion.

4.5.c. Identical composite scores and tiebreakers.

4.5.c.1. If two members requesting consideration for promotion to the rank of Sergeant achieve identical composite scores, longevity shall be used as a tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.

4.5.c.2. If two members requesting consideration for promotion to a position with a designated rank of First Sergeant or Second Lieutenant achieve identical composite scores, time-in-grade and then longevity shall be used as the tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.

4.5.c.3. If two members requesting consideration for promotion to a position with a designated rank of First Lieutenant achieve identical composite scores, any Second Lieutenant shall be ranked ahead of any First Sergeant, then time-in-grade and then longevity shall be used as the tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.

4.5.d. The rank ordered promotional list shall be affirmed as follows:

"The selection and review board, acting under oath, recommends the members named on the attached rank ordered promotional list be considered for promotion to the indicated rank."

4.5.e. The Superintendent shall file the rank ordered promotional list. The filed rank ordered promotional list shall not expire until a new rank ordered list is created as provided in this rule.

4.6. Selection for promotion.

4.6.a. In order to be promoted, a member shall indicate on a form provided by the Promotional Standards Officer that he or she is willing to be assigned or transferred to specific field operations positions.

4.6.b. The Superintendent shall make promotions within the State Police when there is a vacant supervisory field position. When making promotions, the Superintendent shall select a member from the rank ordered promotional list, as certified by the selection and review board, whose final composite score is equal to or higher than the final composite score of the third highest-ranking member who has indicated that he or she is willing to accept a promotion to the specified vacancy.

4.6.c. Any member selected for and who accepted a permanent rank promotion shall successfully complete a required six-month probationary period. The Superintendent may extend the probationary period. Probationary members are not eligible to participate in any promotional cycle until non-probationary status is granted.

W. Va. Code R. § 81-3-4