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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.