CHARLESTON, W.Va. -- A Charleston police officer placed on administrative leave last month during an internal investigation has asked for medical retirement, according to the city's police chief.

City officials have not said why Lt. James A. Sands was suspended, or said if it is related to his testimony in the trial of a former Charleston detective convicted of "double dipping" - working for private employers while being paid by the city.

"It is an internal investigation and a criminal investigation," Police Chief Brent Webster said Monday. "I think you all can draw conclusions on what it is."

Sands requested a medical retirement in a letter to the Charleston Police Department's pension and relief board Monday, Webster said.

"He has requested that but it is by no means a foregone conclusion," the chief said.

Webster would not reveal Sands' stated medical problem, citing federal privacy laws.

Sands, a former patrol supervisor with nearly 17 years on the force, testified at the trial of former detective James L. "Chip" Nowling in April. Sands said that he was paid by the Charleston Town Center mall to schedule Charleston police to work security at the mall.

Also, Sands was named in a sealed report ordered by a judge before Nowling's trial as having worked more than 250 "conflicted" hours himself between 2000 and 2004. The report was obtained by the Gazette.

If Sands' pension is granted, it could be taken away if he is convicted of a felony connected to his police work, said Charleston police Sgt. Tony Payne, secretary of the Charleston police pension and relief board.

Taking away the pension would have to be voted on by the pension board, Payne said. If Sands received a medical pension, it probably would not be taken away without a conviction, he said.

Police are not eligible for regular retirement until they have at least 20 years on the force, Payne said.

City officials have not said why Lt. James A. Sands was suspended, or said if it is related to his testimony in the trial of a former Charleston detective convicted of "double dipping" - working for private employers while being paid by the city.

"It is an internal investigation and a criminal investigation," Police Chief Brent Webster said Monday. "I think you all can draw conclusions on what it is."

Sands requested a medical retirement in a letter to the Charleston Police Department's pension and relief board Monday, Webster said.

"He has requested that but it is by no means a foregone conclusion," the chief said.

Webster would not reveal Sands' stated medical problem, citing federal privacy laws.

Sands, a former patrol supervisor with nearly 17 years on the force, testified at the trial of former detective James L. "Chip" Nowling in April. Sands said that he was paid by the Charleston Town Center mall to schedule Charleston police to work security at the mall.

Also, Sands was named in a sealed report ordered by a judge before Nowling's trial as having worked more than 250 "conflicted" hours himself between 2000 and 2004. The report was obtained by the Gazette.

If Sands' pension is granted, it could be taken away if he is convicted of a felony connected to his police work, said Charleston police Sgt. Tony Payne, secretary of the Charleston police pension and relief board.

Taking away the pension would have to be voted on by the pension board, Payne said. If Sands received a medical pension, it probably would not be taken away without a conviction, he said.

Police are not eligible for regular retirement until they have at least 20 years on the force, Payne said.

Under state law, two doctors at either a West Virginia University or Marshall University health facility would have to concur that Sands has a medical problem, Payne said. Then the issue would come before the police pension board, he said.

"After that we are bound by what the code says," Payne said.

The process will likely begin in the next two weeks, he said.

If Sands is found not to be physically able to perform the regular duties as a police officer, it is unlikely that he could perform light duty on a permanent basis, Payne said.

"There are temporary light duty assignments at the discretion of the chief. But those are only temporary positions until someone gets better," he said.

If granted, a medical pension would give Sands 60 percent of his last 12 months' gross income, plus up to 4 additional percent if he spent time in the active military, Payne said.

Sands received about $24,000 in regular pay and $12,000 in overtime pay for the first half of 2006, according to the most recent earnings report released by Charleston police. Given those figures, he would receive an early pension of about $36,000 based on a base salary of about $48,000 and $12,000 in overtime pay.

Regular retirement gives officers 60 percent of their last 12 months' gross income after 20 years of service. That pension increases incrementally and maxes out at 30 years and 75 percent, Payne said.

The internal investigation into Sands continues, Webster said.

"[The retirement request] doesn't change anything with me," he said. "We are going to plug along. We are not going to be sidetracked."

To contact staff writer Gary Harki, use e-mail or call 348-5163.