The superintendent may transfer members to meet the operational needs of the department. A transfer may not be made as a disciplinary measure.
Whenever any member of the department is to be transferred from one station to another station, for a period of time in excess of sixty days, the superintendent shall give written notice of such proposed transfer to such member at least fifteen days in advance of such transfer. The superintendent shall not, however, be required to give such notice in the event the transfer is at the request of the member who is to be transferred. In the event that a member appeals a transfer in accordance with section six of this article, the transfer shall not take effect pending the appeal before the board. If the board upholds the transfer, such transfer shall be effective upon the issuance of the board's decision and shall remain in effect pending any appeal of such decision by the member.
Whenever any member of the department is transferred from one station to another station, for a period of time in excess of sixty days, all reasonable and necessary transportation expenses actually incurred in moving the household furniture and effects of such member and of his immediate family from his former station to his new station shall be paid by the department: Provided, That if any such member owns and resides in a mobile home, the department shall pay all reasonable and necessary transportation expenses actually incurred in moving such mobile home from such member's former station to his new station, but the department may not pay transportation expenses for moving such mobile home in excess of the amount which would have been paid for moving an equivalent amount of household furniture and effects had such member not owned such mobile home.
A member transferred shall also be given a relocation expense of $300 if the transfer necessitated relocation of the member's family.
The superintendent shall not restrict a member from residing in a county other than that in which the member is stationed, except that the superintendent may promulgate by appropriate written regulation to be applied uniformly throughout the department a restriction as to either: (1) The number of miles distant from his station which a member may reside, or (2) the time necessary under ordinary traffic conditions for a member to travel between his residence and station.
The member may appeal the superintendent's order of transfer to the board of appeals created for such purpose or to the circuit court of Kanawha County in accordance with the provisions of section six of this article and all of the original papers in such cases shall be delivered to the appeals board or the circuit court, as the case may be. The right of a member to appeal a transfer shall not apply until the member has completed the eighteen-month probationary period with the department.
Structure West Virginia Code
Article 2. West Virginia State Police
§15-2-2. Superintendent; Departmental Headquarters; Continuation of the State Police
§15-2-3. State Police Structure; How Established; Training; Special Revenue Account
§15-2-6. Authority to Make Rules for Grievance Procedure
§15-2-9. State Police Voluntary Contribution Fund
§15-2-10a. Duty to Return Assigned Items; Superintendent's Right of Setoff
§15-2-11. Territorial Jurisdiction
§15-2-13. Limitations Upon Members; Exceptions
§15-2-14. Oath of Superintendent and Members
§15-2-15. State Police Child Abuse and Neglect Investigations Unit
§15-2-16. Interference With Officers or Members; False Information; Penalty
§15-2-17. Unauthorized Use of Uniform, Badge or Other Insignia; Impersonation of Member; Penalty
§15-2-19. Bribing, etc., Officers or Members; Penalty
§15-2-21. Suspension, Demotion or Discharge of Members; Right of Appeal
§15-2-22. Assignment of Assistant Attorney General; Employment of Legal Counsel
§15-2-23. Duties of Superintendent as to Statistics, Aliens and Labor Conditions
§15-2-24a. National Crime Prevention and Privacy Compact
§15-2-24b. Fees for Certain Fingerprinting Services; Dedication of Fees
§15-2-24c. Relationship With Marshall University Forensic Science Center
§15-2-24d. State Police Forensic Laboratory Fund
§15-2-25. Rules Generally; Carrying of Weapons Upon Retirement or Medical Discharge
§15-2-27. Retirement; Awards and Benefits; Leased Employees
§15-2-27a. Retirement Annual Annuity Adjustments
§15-2-29. Awards and Benefits for Disability Incurred in Performance of Duty
§15-2-30. Awards and Benefits for Disability Due to Other Causes
§15-2-31. Disability Physical Examinations; Termination
§15-2-31a. Application for Disability Benefit; Determinations
§15-2-31b. Annual Report on Disability Retirement Experience
§15-2-32. Retirant Not to Exercise Police Authority; Retention of Group Insurance
§15-2-33a. Awards and Benefits to Dependents of Member -- Termination
§15-2-35. Awards and Benefits to Dependents of Retirant or After an Employee Serves Twenty Years
§15-2-35a. Authority to Continue Payments to Certain Dependents
§15-2-36. Awards and Benefits to Dependents of Member -- Termination
§15-2-37. Refunds to Certain Employees Upon Discharge or Resignation; Deferred Retirement
§15-2-38. Refund to Dependents Upon Death of Member Not Eligible for Benefits
§15-2-39. Dependent Child or Children
§15-2-39a. Limitations on Benefit Increases
§15-2-40. Commission on Drunk Driving Prevention Created; Members; Quorum; Meetings
§15-2-41. Powers and Duties of Commission; Rule-Making Authority; Monitoring and Reporting
§15-2-42. Drunk Driving Enforcement Program Established; Purpose
§15-2-44. Federal Law Maximum Benefit Limitations
§15-2-45. Federal Law Minimum Required Distributions
§15-2-47. Federal Qualification Requirements
§15-2-48. Specification of Actuarial Assumptions
§15-2-49. Benefits Not Forfeited if System Terminates
§15-2-51. State Police Reemployment
§15-2-52. Termination of Benefits; Procedures
§15-2-53. State Law-Enforcement Association Members Annual Leave Program
§15-2-54. Correction of Errors; Underpayments; Overpayments