H. B. 2242
(By Delegates Stemple, Coleman,
Williams, Shelton and Fletcher)
[Introduced
February 15, 2001
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section eight, article fourteen,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing for
lateral transfers for deputy sheriffs.
Be it enacted by the Legislature of West Virginia:
That section eight, article fourteen, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-8. Form of application; age requirements; exceptions.
The civil service commission in each
such county shall require
persons applying for admission to any competitive examination
provided for under this article or under the rules
and regulations of the commission to file in its office, within a reasonable time
prior to the proposed competitive examination, a formal application
in which the applicant shall state under oath or affirmation:
(1) His
or her full name, residence and post-office address;
(2) His
or her United States citizenship, age and the place
and date of his
or her birth;
(3) His
or her health and his
or her physical capacity for the
position of deputy sheriff;
(4) His
or her business, employments and residences for at
least three previous years; and
(5) Such other information as may reasonably be required,
relative to the applicant's qualifications and fitness for the
position of deputy sheriff.
Blank forms for
such the applications shall be furnished by
the commission, without charge, to all persons requesting the
same. The commission may require, in connection with the
application, such certificates of citizens, physicians or others,
having pertinent knowledge concerning the applicant, as the good of
the service may require.
No application for original appointment shall be received on
and after the effective date of this article, if the person applying is less than eighteen years of age or more than
forty-five years of age at the date of his
or her application:
Provided, That in the event any applicant formerly served as a
deputy sheriff for a period of more than six months in the county
to which he
or she makes application, and resigned as a deputy
sheriff at a time when there were no charges of misconduct or other
misfeasance pending against him
or her, within a period of two
years next preceding the date of his
or her application, and at the
time of his
or her application resides within the county in which
he
or she seeks appointment by reinstatement, then
such the
applicant shall be eligible for appointment by reinstatement in the
discretion of the civil service commission, even though
such the
applicant shall be over the age of forty-five years, provided he
or
she is not sixty-five years of age or over, and
such the applicant,
providing his
or her former term of service as a deputy sheriff so
justifies, may be reappointed by reinstatement without a
competitive examination, but
such the applicant shall undergo a
medical examination; and if
such the applicant shall be so
appointed by reinstatement as aforesaid, he
or she shall be the
lowest in rank in the sheriff's office next above the probationers
of the office:
Provided, That an active duty deputy sheriff of any county of this state may make application to any other county
sheriff's office of this state for a lateral transfer. The
applicant must first be a member of the deputy sheriff's retirement
system. The lateral transfer applicant is eligible for appointment
by lateral transfer in the discretion of the civil service
commission as long as he or she is not sixty-five years or
older. The deputy sheriff may be appointed for lateral transfer
without a competitive examination, but shall be required to submit
to a medical examination. In the event the applicant is appointed
by lateral transfer as provided for in this section, he or she
shall be the lowest in rank in the sheriff's office, next above any
persons on probationary status.
NOTE: The purpose of this bill is to authorize lateral
transfers for deputy sheriffs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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