A state legislative rule tells police chiefs and sheriffs that they "shall not seek decertification prior to or in lieu of termination." Tilley said some agencies may read that in a way that tells them not to report officers who may need to be reviewed by the subcommittee.
"What [the legislative rule] is trying to stop is an agency from saying, 'Well, instead of me firing this guy, I'll put them before the subcommittee and let them decide,'" Tilley said.
The subcommittee needs a way to track officers who have been terminated or disciplined, and to make that information available to other agencies who might hire the officer, he said.
"If you do a background check and confirm someone was employed from this date to this date, the reason they left quite often might not be known by the hiring agency," Tilley said.
Another officer recently decertified by the committee was Robert Alkire II, who was hired last year as a police officer in Ronceverte in Greenbrier County, shortly after he resigned from his job as a Pocahontas County sheriff's deputy.
On Nov. 30, 2008, Alkire got into an argument with his girlfriend, Jennifer Miller, at her Marlinton home, a prosecutor said at the time. The argument continued into the street, where Alkire fired his weapon, the prosecutor said.
As a part of a plea deal in that case, Alkire agreed he would not be a police officer in Pocahontas County for one year. He was hired in Ronceverte shortly afterward.
Ronceverte Police Chief Michael L. Smith said Alkire was hired because he was the only certified officer to apply to the department. The chief said hiring Alkire rather than any of the other candidates saved the city about $3,500.
"I know what he was originally charged with, but he only pleaded guilty to a misdemeanor. That doesn't eliminate him from being hired," Smith said at the time.
As a result of his decertification, Alkire no longer works as a Ronceverte officer.