3/14/2008

 

    I have received questions concerning the intended initiation of a promotional cycle and questions as to who can test.

    During the previous year when the Department filed the proposed legislative rule change concerning CSR 81-3-3, the Association expressed concerns with the proposed changes which included the mandatory requirement of Bachelor's degree to be eligible for the position of Lieutenant, the changing of the years required to be eligible for the rank of Sergeant and additional points for post secondary educational degrees. Since the filing of these changes we attempted to work with the Department with the concerns from the WVTA with the proposed changes with no response or willingness to even discuss the problems that would arise.

    The WVTA took the position during the summer of 2007 that has resulted in the changes that will take effect with the proposed rules and provided the Department with the WVTA position on the proposed rules and suggested changes to the proposed rule.

     It was a serious concern of the WVTA to attempt to make such drastic changes to the career progression system, which was established to ensure consistency and predictability within the promotional system, which would not have been accomplished had the proposed changes within the rule taken effect.

     Further confusion was created with the intent to initiate a promotional cycle, while this matter was still within the legislative process, and allowing members to test that were not even eligible to test under the current proposed rules. Legal counsel addressed these issues for the WVTA and provided the following:

     By allowing members to participate within the promotional cycle prior to any proposed rules taking effect would not be legal under the current Career Progression Rules which defined that participation within the promotional system is restricted to those members who have achieved and hold the permanent rank of Corporal, Sergeant, First Sergeant or Second Lieutenant.  In a nutshell, it would have been illegal for this to have happened.

      The WVTA took the position to ensure a consistent, predictable and fair promotional system remain in place and I apologize to any that may have been negatively affected during this process of confusion. You still must have nine years prior to being eligible to test for the rank of Sergeant.