The superintendent may suspend, demote in rank or discharge from the service any member of the department of public safety for any of the following causes: Refusing to obey the lawful orders of his superior officer, neglect of duty, drunkenness, immorality, inefficiency, abuse of his authority, interference with the lawful right of any person, participation in political activities, primaries, conventions or elections, conviction for a crime or any action proscribed under this article. The superintendent shall cause an investigation to be made when notice of any one or more of such causes is brought to his attention and shall determine whether or not the member should be suspended, demoted in rank or discharged. If the superintendent orders the member suspended, demoted in rank or discharged, a written statement of the charges and a written order of suspension, demotion in rank or discharge shall be delivered personally to the member by his commanding officer, or next in command in the absence of his commanding officer. The superintendent shall explicitly set forth in any such written statement of charges the details giving rise to the cause or causes upon which he ordered such suspension, demotion in rank or discharge. The member may appeal the superintendent's order 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 to appeal a suspension or discharge shall not apply to members until they have completed their probationary period with the department, which shall be for a period of eighteen months.
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