ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 2703
(By Delegates Hamilton, Lane, D. Campbell, L. Phillips, Crosier,
Andes, M. Poling, Ireland, Ellem, Sigler and D. Poling)
(Originating in the Committee on the Judiciary)
[February 23, 2011]
A BILL to amend and reenact §7-14-3 of the Code of West Virginia,
1931, as amended; to amend and reenact §8-14-7 of said code;
and to amend and reenact §8-15-12 of said code, all relating
to county civil service commissions; qualifications of members
of the Policemen's Civil Service Commission; qualifications of
members of the Firemen's Civil Service Commission;
qualifications of members of other Civil Service Commissions
of the counties; restrictions from service; and
disqualifications from service.
Be it enacted by the Legislature of West Virginia:
That §7-14-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §8-14-7 of said code be amended and
reenacted; and that §8-15-12 of said code be amended and reenacted,
all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-3. Civil Service Commission.
There shall be
continued a Civil Service Commission in each county.
and the state. Each such A civil service commission shall
consist of three commissioners:
(1) One
commissioner of whom shall be appointed by the
county
bar association;
of such county
(2) One
commissioner of whom shall be appointed by the
county
deputy sheriff's association;
of such county, and
(3) One
commissioner of whom shall be appointed by the county
commission.
of such county.
In the event If the bar association or deputy sheriff's
association fails to make an appointment within the
prescribed time
prescribed in this section therefor, then
such appointment shall be
made by the county commission the county commission shall make the
appointment.
A person may not be appointed if that person is a relative, as
defined in section three, article one, chapter six-B, to: a county
commissioner of the county from which the appointment is made; the
president or chairman or similarly situated official of the deputy
sheriff's association or the bar association.
A person is not eligible for appointment or reappointment if
her or she has been convicted of a felony or any misdemeanor
involving moral turpitude.
A commissioner shall be a qualified voter of the county during
the appointment term.
A commissioner may not hold any other office (other than the
office of notary public) under the United States, this state, or
any municipality, county or other political subdivision thereof;
nor shall any commissioner serve on any political committee or take
any active part in the management of any political campaign.
The persons appointed commissioners shall be qualified voters
of the county for which they are appointed, and at least two of the
commissioners shall be persons in full sympathy with the purposes
of this article. Not more than two of the commissioners, at any
one time, shall be members of the same political party.
Only two commissioners may be of the same political party.
The commissioners in each county shall be appointed as
follows: Within sixty days from the effective date of this
article, the authorities having the power to appoint members to the
Civil Service Commission shall appoint the three commissioners, the
first to be appointed by the bar association of the county shall
serve for six years from the date of appointment, the second to be
appointed by the deputy sheriff's association of the county shall
serve for four years from the date of appointment, and the third to
be appointed by the county commission of the county shall serve for
a term of two years from the date of appointment. All subsequent
appointments shall be made for terms of four years.
After the original appointments, all appointments shall be
made for periods of four years.
In the event that If any commissioner
of the civil service
commission ceases to be a member,
thereof by virtue of death, final
removal or other cause, a new commissioner shall be appointed to
fill the unexpired term of that commissioner within ten days.
after
said ex-commissioner ceased to be a member of the commission. Such
The appointment shall be made by the
authority entity who appointed
the commissioner who is no longer a member.
of the commission.
Each year
the three members of the
commission commissioners
shall
together, elect
one of their number to act as a president.
of the commission for a term of one year.
The county commission may
at any time remove a commissioner
for good cause, which shall be stated in writing and made a part of
the records of the commission.
Once the county commission has removed any commissioner,
such
the county commission shall within ten days
thereafter file in the
office of the clerk of the circuit court of the county a petition
setting forth in full the reason for the removal and
praying for
requesting the confirmation of the circuit court of the action.
of
the county commission in removing the said commissioner. A copy of
the petition shall be served upon the commissioner so removed
simultaneously with its filing in the office of the clerk of the
circuit court and has precedence on the docket of the circuit court
and shall be heard by the court as soon as practicable.
upon the
request of the removed commissioner. All rights hereby vested in
the circuit court may be exercised by the judge thereof in
vacation. In the event that
If no term of the circuit court is being held at the time of
the filing of the petition,
and the judge thereof cannot be reached
in the county wherein the petition was filed, the petition shall be
heard at the next succeeding term of the circuit court,
whether
regular or special, and the commissioner
so removed shall remain
removed until a hearing is had upon the petition.
of the county
commission. The circuit court
or the judge thereof in vacation,
shall hear and decide the issues presented by the petition. The
county commission or commissioner
as the case may be, against whom
the decisions of the circuit court
or judge thereof in vacation is
rendered
has the right to may petition the Supreme Court of Appeals for a review of the decision
of the circuit court or the judge
thereof in vacation as in other civil cases.
In the event that
If the county commission fails to file its petition in the
office of the clerk of the circuit court
, as hereinbefore provided,
within ten days after the removal of the commissioner,
such the
commissioner immediately resumes his
or her position as a member of
the civil service commission.
Any resident of the county
has the right at any time to may
file charges against and seek the removal of any member of the
civil service commission. The charges shall be filed in the form
of a petition in the office of the clerk of the circuit court of
the county. A copy of the petition shall be served upon the
commissioner sought to be removed. The petition shall be
matured
for hearing and heard as a civil action by the circuit court of the
county for which the commissioner serves.
as a member of the civil
service commission or by the judge thereof in vacation. The party
against whom the decision of the circuit court
or judge thereof in
vacation is rendered
has the right to may petition the Supreme
Court of Appeals for a review of the decision of the circuit court
or judge thereof in vacation as in other civil cases.
No commissioner may hold any other office (other than the
office of notary public) under the United States, this state or any
municipality, county or other political subdivision thereof; nor
may any commissioner serve on any political party committee or take
any active part in the management of any political campaign.
CHAPTER 8. MUNICIPAL CORPORATIONS.
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.
§8-14-7. Policemen's civil service commission generally.
In every A Class I and Class II
city municipality having a
paid police department,
there shall
be a create a "Policemen's
Civil Service Commission." The commission
shall consist consists
of three commissioners:
(1) One
commissioner of whom shall be appointed by the mayor
of the
city municipality;
(2) One
commissioner of whom shall be appointed by the local
fraternal order of police; and
(3)
One commissioner the third shall be appointed by the local
chamber of commerce, or if there be none, by a local businessmen's
association.
A commissioner may not be a relative, as defined in section
three, article one, chapter six-B, to: the mayor of the
municipality; the President, Chairman or similarly situated
official of the local fraternal order of police or the local
chamber of commerce or businessmen's association.
A person is not eligible for appointment or reappointment if
convicted of a felony or any misdemeanor involving moral turpitude.
A commissioner shall be
a qualified
voters voter of the city.
for which they are appointed; and at least two of said
commissioners shall be individuals in full sympathy with the
purposes of the civil service provisions of this article.
Only two commissioners may be of the same political party.
Not more than two of the said commissioners, at any one time, shall be adherents of the same political party. Of th three
original appointments in each city, the first commissioner shall be
appointed by the mayor; and shall serve for six years from the date
of his or her appointment; the second commissioner shall be
appointed by the local fraternal order of police; and shall serve
for four years from the date of his appointment; and the third
commissioner shall be appointed by the local chamber of commerce or
local businessmen's association. and shall serve for two years from
the date of his appointment. In the event
If there is no local chamber of commerce or local
businessmen's association at the time any appointment is to be made
by it,
such the appointment shall be made by the other two
commissioners by mutual agreement. After the original
appointments, all appointments shall be made for periods of four
years.
each by the appointing authority hereinbefore designated.
In the event that
If any commissioner of said civil service commission shall
cease to be a member,
thereof by virtue of death, final removal or
other cause, a new commissioner shall be appointed to fill the
unexpired term
of said commissioner within ten days.
after said
excommissioner shall have ceased to be a member of said commission.
Such The appointment shall be made by the officer or body who
in the first instance appointed the commissioner.
who is no longer
a member of the commission, except that in the case of a vacancy in
an appointment made by the Governor, which vacancy occurs after the
effective date of this article, the appointment for the unexpired
term shall be made by the mayor.
Each year the
three members of the commission the commissioners shall
together, elect
one of their number to act as
a president.
of the commission, who shall serve as president for
one year.
The mayor may
, at any time, remove any commissioner
or
commissioners for good cause, which shall be stated in writing and
made a part of the records of the commission.
Provided, That
Once the mayor has removed any commissioner, the mayor shall
within ten days thereafter file in the office of the clerk of the
circuit court of the county in which the city or the major portion
of the territory thereof is located a petition setting forth in
full the reason for
said the removal and
praying requesting for the
confirmation by
said the circuit court.
of the action of the Mayor
in so removing the said commissioner. A copy of said petition
shall be served upon the commissioner so removed simultaneously
with its filing in the office of the clerk of the circuit court and
shall have precedence on the docket of
said the
court and shall be
heard by
said the court as soon as practicable.
upon the request of
the removed commissioner. or commissioners. All rights herein
vested in said circuit court may be exercised by the judge thereof
in vacation. In the event
If that no term of the circuit court is being held at the time
of the filing of
said the petition,
and the judge thereof cannot be
reached in the county wherein the petition was filed, said the
petition shall be heard at the next succeeding term of
said the
circuit court
, whether regular or special, and the commissioner
or
commissioners so removed shall remain removed until a hearing is
had upon the said petition.
of the Mayor. The court
or the judge
thereof in vacation shall hear and decide the issues presented by
said the petition.
The mayor or commissioner
or commissioners, as the case may
be, against whom the decision
of the court or the judge thereof in
vacation shall be is rendered,
shall have the right to may petition
the Supreme Court of Appeals for a review of the decision of the
circuit court
or the judge thereof in vacation as in other civil
cases.
In the event that If the mayor
shall fails to file his
or her
petition in the office of the clerk of the circuit court,
as
hereinbefore provided, within ten days after the removal of
said
the commissioner,
or commissioners, such the commissioner
or
commissioners shall immediately resume his
or her or their
position.
or positions as a member or members of the policemen's
Civil Service Commission.
Any resident of the city
shall have the right at any time to
may file charges against and seek the removal of any member of the
policemen's civil service commission.
of such city. Such The
charges shall be filed in the form of a petition in the office of
the clerk of the circuit court of the county in which the city or
the major portion
of the territory thereof is located, and a copy
of
said the petition shall be served upon the commissioner
or
commissioners sought to be removed.
Said The petition shall be
matured for hearing and heard by
said the circuit court
or the judge
thereof in vacation in the same manner as civil proceedings
in the
circuit courts of this state are heard, and the party against whom
the circuit court's decision is rendered
shall have the right to may
petition the Supreme Court of Appeals for a review of the action of
the circuit court, as in other civil cases.
No commissioner shall hold any other office (other than the
office of notary public) under the United States, this state, or any
municipality, county or other political subdivision thereof; nor
shall any commissioner serve on any political committee or take any
active part in the management of any political campaign.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-12. Firemen's Civil Service Commission generally.
In every A municipality having a paid fire department,
there
shall create
be a "Firemen's Civil Service Commission." The
commission shall consist of three commissioners:
(1) One
commissioner of whom shall be appointed by the Mayor
of the municipality;
(2) One
commissioner of whom shall be appointed by the local
international association of fire fighters in the event that said
local exists in the municipality, or in case no such local exists
in the municipality, then by the local central body of the West
Virginia Federation of Labor AFL-CIO in the event that said central
body exists in the municipality, or in case that no such central
body exists in the municipality, then by the West Virginia
Federation of Labor AFL-CIO;
(3)
One commissioner and the third shall be appointed by the
local chamber of commerce, or if there be none, by a local
businessmen's association.
A commissioner may not be a relative, as defined in section
three, article one, chapter six-B, to the mayor of the municipality,
the president, chairman or similarly situated official of the local
international association of fire fighters or the appropriate West Virginia Federation of Labor AFL-CIO as appropriate, or the local
chamber of commerce or businessmen's association.
A commissioner may not be convicted of a felony or any
misdemeanor involving moral turpitude.
A commissioner shall be a resident of the municipality.
A commissioner shall be
a qualified
voters voter of the
municipality.
for which they are appointed; and at least two of said
commissioners shall be individuals in full sympathy with the
purposes of the civil service provisions of this article.
A commissioner may not hold any other office (other than the
office of notary public) under the United States, this state or any
municipality, county or other political subdivision thereof; nor
shall any commissioner serve on any political committee or take any
active part in the management of any political campaign.
Only two commissioners may be of the same political party.
Not more than two of the said commissioners, at any one time,
shall be adherents of the same political party. Of the three
original appointments in each municipality, the first commissioner
shall be appointed by the mayor and shall serve for six years from
the date of his appointment; the second commissioner shall be
appointed by the local trades board, or in the absence of such
board, by the international association of fire fighters, and shall
serve for four years from the date of his appointment; and the third
commissioner shall be appointed by the local chamber of commerce or
local businessmen's association and shall serve for two years from
the date of his appointment. In the event
If there is no local chamber of commerce or local businessmen's
association at the time any appointment is to be made by it,
such the appointment shall be made by the other two commissioners by
mutual agreement.
After the original appointments, all appointments shall be made
for periods of four years.
each by the appointing authority
hereinbefore designated.
In the event that If any commissioner
of said Civil Service
Commission shall cease to be a member,
thereof by virtue of death,
final removal or other cause, a new commissioner shall be appointed
to fill the unexpired term of said commissioner within ten days.
after said ex-commissioner shall have ceased to be a member of said
commission.
Such The appointment shall be made by the officer or body who
in the first instance appointed the commissioner who is no longer
a member of the commission.
Each year the
three members of the commission the commissioners
shall
together, elect
one of their number to act as a president.
of
the commission, who shall serve as president for one year.
The mayor may, at any time, remove any commissioner
or
commissioners for good cause, which shall be stated in writing and
made a part of the records of the commission.
Provided, That Once the mayor has removed any commissioner, the
mayor shall within ten days
thereafter file in the office of the
clerk of the circuit court of the county in which the municipality
or the major portion
of the territory thereof is located a petition
setting forth in full the reason for
said the removal and
praying
for requesting the confirmation by
said the circuit court of the
action of the mayor in so removing the
said commissioner. A copy
of
said the petition shall be served upon the commissioner so removed simultaneously with its filing in the office of the clerk
of the circuit court and shall have precedence on the docket of
said the court and shall be heard by
said the court as soon as
practicable.
upon the request of the removed commissioner or
commissioners. All rights herein vested in said circuit court may
be exercised by the judge thereof in vacation. In the event that
If no term of the circuit court is being held at the time of
the filing of
said the petition,
and the judge thereof cannot be
reached in the county wherein the petition was filed, said the
petition shall be heard at the next succeeding term of
said the
circuit court,
whether regular or special, and the commissioner
or
commissioners so removed shall remain removed until a hearing is had
upon the petition.
of the mayor. The court
or the judge thereof in
vacation shall hear and decide the issues presented by
said the
petition. The mayor or commissioner
or commissioners, as the case
may be, against whom the decision
of the court or the judge thereof
in vacation shall be is rendered, shall have the right to petition
the Supreme Court of Appeals for a review of the decision of the
circuit court.
or the judge thereof in vacation as in other civil
cases.
In the event that If the mayor
shall fail fails to file his
or
her petition in the office of the clerk of the circuit court,
as
hereinbefore provided, within ten days after the removal of
said the
commissioner
or commissioners, such the commissioner
or
commissioners shall immediately resume his
or her or their position.
or positions as a member or members of the firemen's civil service
commission.
Any resident of the municipality
shall have the right at any time to may file charges against and seek the removal of
any member
a commissioner of the firemen's Civil Service Commission. of such
municipality. Such The charges shall be filed in the form of a
petition in the office of the clerk of the circuit court of the
county in which the municipality or the major portion
of the
territory thereof is located, and a copy of
said the petition shall
be served upon the commissioner
or commissioners sought to be
removed.
Said The petition shall be
matured for hearing and heard
by
said the circuit court
or the judge thereof in vacation in the
same manner as civil proceedings,
in the circuit courts of this
state are heard, and the party against whom the circuit court's
decision is rendered
shall have the right to may petition the
Supreme Court of Appeals for a review of the action of the circuit
court, as in other civil cases.
No commissioner shall hold any other office (other than the
office of notary public) under the United States, this state or any
municipality, county or other political subdivision thereof; nor
shall any commissioner serve on any political committee or take any
active part in the management of any political campaign.
Email
Webmaster | © 2024 West Virginia Legislature **
