W. Va. Code R. § 81-10-9

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-10-9 - Early Identification System
9.1. The Early Identification System shall be maintained and administered by the Section. The Superintendent shall appoint an Internal Review Board consisting of the Deputy Superintendent, Chief of Staff Services, Chief of Field Operations, OIC, and any other persons authorized by the Superintendent to review and evaluate employees who are identified by the system. The system shall produce real-time data for review by the Internal Review Board alerting the names of all employees who have entered the system based on external citizen complaints, internal complaints, or response to resistance or aggression incidents. Employees who have received two or more complaints (internal and/or external) or who have been involved in three or more response to resistance or aggression incidents during a three-month period are subject to review by the Internal Review Board. The Board may determine that no further action is required, the employee be referred to the employee assistance program, the employee be referred for remedial training, or the employee be subject to review by the employee's immediate supervisor to attempt to determine the reasons for the employee's conduct or any circumstances that may have contributed to the conduct and evaluate the employee's current performance.
9.2. If the employee is subjected to supervisory review, the immediate supervisor shall forward a written summation of his or her review and evaluation to the Internal Review Board within 30 days. The Board shall review the supervisor's summation and either determine no additional review or other action is warranted or recommend some other action to the Superintendent. In instances where the employee is referred to the employee assistance program, the Superintendent shall determine if any additional action is required in relation to the employee once the referral report is received.
9.3. The system shall also provide real-time data alerting the names of all employees who have entered into the system during a 12-month period who have either received four or more internal and/or external complaints, or who have been involved in six or more response to resistance or aggression incidents. The analysis shall serve to identify those employees who do not necessarily meet the criteria for review based on a three-month period, but who exhibit a pattern of conduct over a longer period of time that warrants review.
9.4. The Section may provide the system reports to identified employee's supervisors as another resource in attempting to determine if job stress and/or performance problems exist with their subordinates. The reports should be reviewed in conjunction with other criteria known to the supervisor to facilitate a fair and meaningful assessment of the employee. The system reports shall make no conclusions or determinations concerning job stress and/or performance problems.
9.5. The Section shall also provide data to the Internal Review Board that will assist that body in determining if subordinates of certain supervisors tend to be employees frequently identified by the system. The board may use the data to identify supervisors who may be employing ineffective or inappropriate management techniques. The names of any supervisors identified shall be forwarded to the Superintendent for review and action.

W. Va. Code R. § 81-10-9