Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-8-5 - Procedural Levels and Procedure at Each Level5.1. Level one. 5.1.1. The member shall identify the grievance verbally to the immediate supervisor in an informal meeting within fourteen days after the event or action or the discovery of the event or action which is the basis for the grievance.5.1.2. The immediate supervisor shall give a verbal response to the member within seven days following the meeting.5.1.3. If a resolution is not reached at this point, the member shall submit to the immediate supervisor on a prescribed form the nature of the grievance and the specific relief requested within seven days following the date of receipt of the verbal response.5.1.4. The supervisor, in turn, shall give written response on a prescribed form within seven days of receipt of the prescribed form.5.2. Level two. 5.2.1. Within seven days of receiving the written decision of the immediate supervisor the grievant or Superintendent may file a written appeal to the appropriate State Police supervisor. The supervisor shall hold a conference within seven days of the receipt of the appeal and issue a written decision upon the appeal within seven days of the conference.5.3. Level three.5.3.1. Within seven days of receiving the decision of the appropriate State Police supervisor the grievant or Superintendent may file a written appeal of the decision with the Superintendent. The Superintendent or his or her designee shall hold a hearing in accordance with section 6.1 of this rule within ten days of receiving the appeal. The Superintendent or his or her designee shall issue a written decision affirming, modifying, or reversing the level two decision within seven days of such hearing.5.4. Level four. 5.4.1. If either the grievant or the Superintendent are not satisfied with the action taken by the grievance evaluator, within fourteen days of receiving the written decision the grievant or Superintendent may request, in writing, on a form furnished by the State Police, that the grievance be submitted to a hearing examiner. Within seven days after receipt of the notice of appeal from the grievant, the Superintendent or his or her designee shall mail to the grievant a strike list of names of hearing examiners. A hearing examiner selection committee consisting of one person designated by the Superintendent, one person by the trade or professional organization which has the largest number of members of the State Police within its membership, and one acting or senior status circuit judge agreed upon by the Superintendent's designee and the trade or professional organization's designee, shall compile the strike list. The strike list shall consist of attorneys licensed to practice in West Virginia. The hearing shall be conducted in accordance with section six of this rule within thirty days following the request. The hearing may be held within sixty days following the request, or within such time as is mutually agreed upon by the parties.5.4.2. Within thirty days following the hearing, the hearing examiner shall render a decision in writing to all parties setting forth findings and conclusions on the issues submitted. Subject to the provisions of section seven of this rule, the decision of the hearing examiner shall be final upon the parties and shall be enforceable in circuit court.5.5. Expedited grievance process.5.5.1. A member may grieve a final action of the Superintendent involving a dismissal, demotion, transfer, or suspension exceeding twenty days directly to the hearing examiner. The expedited grievance shall be in writing and must be filed within ten days of the date of the final action by the Superintendent.