W. Va. Code R. § 81-3-5

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-3-5 - Non-Supervisory Rank Reclassifications
5.1. Eligibility requirements.
5.1.a. All members permanently assigned to the field operations force and who have completed the basic State Police entry-level training program are eligible for participation in the Non-supervisory Rank Classification System and will be classified as Troopers following receipt of a field assignment.
5.1.b. To participate in the Non-Supervisory Rank Classification System, the member shall meet the basic eligibility requirements as required by Subsection 3.5 of this rule.
5.1.c. In addition to the provisions of Subdivision 5.1.b. of this rule, members in the Non-Supervisory Rank Classification System who hold the rank of Trooper, Senior Trooper and Trooper First Class must successfully complete each component of the semi-annual physical fitness test with a passing score on each of the three components during four of the six most recent tests offered prior to the date of reclassification.
5.1.d. The Non-supervisory Rank Reclassification Board shall automatically consider a member's eligibility for reclassification upon completion of the following cumulative years of service to the Department, provided the member has not received a reduction in classification or reclassification denial:
5.1.d.1. Senior Trooper - three years.
5.1.d.2. Trooper First Class - six years.
5.1.d.3. Corporal - nine years.
5.1.e. A member who receives a reduction in classification or reclassification denial shall file a petition for reclassification with the Promotional Standards Officer.
5.1.f. The Superintendent shall reclassify members participating within the Non-supervisory Rank Classification System who meet or exceed the minimum established reclassification and tenure requirements.
5.2. Non-supervisory Rank Reclassification Board and its duties.
5.2.a. The Non-supervisory Rank Reclassification Board consists of five voting members.
5.2.a.1. The board shall meet at the direction of the Superintendent.
5.2.a.2. The board members shall be two members of the Senior Staff as selected by the Superintendent, the Human Resources Director, and two members and two alternates drawn by blind lot by the Superintendent. One member and one alternate shall be drawn by the Superintendent from the commissioned ranks of First Lieutenant and Second Lieutenant and one member and one alternate shall be drawn by the Superintendent from the non-commissioned officer ranks of First Sergeant and Sergeant. If the Human Resources Director is unavailable to serve or if the position of Human Resources Director is eliminated, the Superintendent shall select a member to occupy that board position.
5.2.a.3. Each board member has equal voting privileges, and all actions of the reclassification board shall be by majority decision.
5.2.a.4. The most senior highest-ranking officer shall serve as chairperson.
5.2.a.5. In instances where a board member drawn from the commissioned or non-commissioned officer ranks is within a candidate's direct supervisory chain, that board member shall be recused and replaced by an alternate during the affected candidate's review.
5.2.a.6. The members of the board, except the Human Resources Director, who shall be a permanent member, shall serve a minimum term of 12 consecutive months unless a member is unable to serve due to illness, injury, promotion, demotion, suspension, or other cause.
5.2.a.7. The alternate shall fulfill the term in all instances where a member cannot fulfill the original term of the board.
5.2.a.8. Prior to assuming the duties of the reclassification 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."

5.2.b. Duties.
5.2.b.1. The reclassification board shall verify a member's eligibility in the areas of longevity, Employee Performance Appraisal, and General Knowledge examination.
5.2.b.2. The reclassification board shall review all petitions for reclassification and shall determine eligibility.
5.2.b.3. The Promotional Standard Officer shall individually transmit to every affected member the results of individual eligibility and petition reviews.
5.2.b.4. The reclassification board shall identify deficiencies in the Non-supervisory Rank Classification System and communicate these deficiencies with suggestions for remedial action to the selection and review board of the Supervisory Field Promotional System.
5.3. Reclassification recommendations.
5.3.a. Upon verifying a member's eligibility, the reclassification board shall submit to the Superintendent a recommendation for reclassification.
5.3.b. The reclassification recommendation shall be affirmed as follows:

"The reclassification board, acting under oath, finds, by majority decision, that the members named on the attached list have met or exceeded the minimum eligibility requirements for reclassification to the non-supervisory rank indicated and recommends said members be reclassified to the indicated non-supervisory rank."

5.3.c. The Superintendent shall file the affirmation and maintain it for a minimum period of one year.

W. Va. Code R. § 81-3-5