H. B. 2283
(By Delegate Love)
[Introduced February 25, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section seventeen, article fourteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to police
department promotions.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article fourteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-17. Vacancies filled by promotions; eligibility for
promotion; rights of chief.
Vacancies in positions in a paid police department of aClass I or Class II city shall be filled, so far as practicable,
by promotions from among individuals holding positions in the
next lower grade in the department. Promotions shall be based
upon experience, work record within the department, performance
evaluations and by written competitive examinations to be
provided by the policemen's civil service commission: Provided,
That except for the chief of police, no individual shall be
eligible for promotion from the lower grade to the next higher
grade until such individual shall have completed at least two
years of continuous service in the next lower grade in the
department immediately prior to said examination: Provided,
however, That notwithstanding the provisions of section six of
this article, any member of a paid police department of Class I
or Class II city now occupying the office of chief of such paid
police department, or hereafter appointed to such office, shall,
except as hereinafter provided in this section, be and shall
continue to be entitled to all of the rights and benefits of the
civil service provisions of this article, except that he may be
removed from such office of chief of police without cause, and
the time spent by such member in the office of such chief of
police shall be added to the time served by such member during
the entire time he was a member of said paid police department
prior to his appointment as chief, and shall in all cases of
removal, except for removal for good cause, retain the regular
rank within said paid police department which he held at the time
of his appointment to the office of chief of police or which hehas attained during his term of service as chief of police. The
provisions of this section shall be construed to apply and to
inure to the benefit of all individuals who have ever been
subject to the provisions of this article. The commission shall
have the power to determine in each instance whether an increase
in salary constitutes a promotion.
NOTE: The purpose of this bill is to provide additional
criteria in consideration of promotions in police departments.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.