CHARLESTON – The West Virginia Supreme Court of Appeals ruled that Fairmont State University's proposed law enforcement training academy should be approved.
The court found no error in Marion Circuit Court's decision to reverse a decision by the petitioners, which the Circuit Court found was arbitrary, capricious and unsupported by law.
"In this appeal from the Circuit Court of Marion County we are asked to examine the Law-Enforcement Training and Certification Act, contained in West Virginia Code §§ 30-29-1 to -13," Justice John Hutchison wrote. "Pursuant to the Act, a state university decided to create a new law-enforcement-training academy for senior university students majoring in criminal justice studies."
Hutchison noted that the university filed an application with the state agency that oversees law enforcement training, seeking authorization to establish and operate the academy.
"The proposed academy met or exceeded the requirements of both the Act and the regulations adopted under the Act," Hutchison wrote. "However, the state agency refused the application, claiming that there was 'no need' for a new academy."
Fairmont filed an application with petitioners the Division of Justice and Community Services and the Law Enforcement Professional Standards Subcommittee seeking authorization to establish and operate a new law enforcement officer training academy as it wanted to offer an entry-level training program for students who were in their senior year and pursuing a Bachelor of Science criminal justice degree.
The petitioners denied the university's application, citing that it was not necessary and that the State Police Academy fully met the needs of the demand for training entry-level officers in the state. Fairmont then appealed the denial to Marion Circuit Court.
The Circuit Court found that the petitioners did not have "implicit discretionary authority to deny an application based on its opinion that there was 'no need' for a new law enforcement training academy," Hutchison wrote.
The Circuit Court also concluded that the decision to deny Fairmont's application was arbitrary and capricious and it should take the necessary steps to approve the application. The petitioners then appealed to the state Supreme Court.
"We conclude that the Circuit Court correctly rejected this position by LEPS," Hutchison wrote. "In summary, we hold that the Law Enforcement Training and Certification Act ... does not authorize the Law Enforcement Professional Standards Subcommittee of the Governor's Committee on Crime, Delinquency and Correction to deny an application to establish and operate a law-enforcement training academy that otherwise meets the standards established under West Virginia Code..."
West Virginia Supreme Court case number 18-0429