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Committee Substitute House Bill 2944 History

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HB2944 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2944

(By Delegates Beane, Azinger, Webster, Amores,

Stalnaker, G. White and Hrutkay)

(Originating in the Committee on the Judiciary)


[March 21, 2005]


A BILL to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-15-17 of said code; all relating to reinstatement of former police officers or former firefighters.

Be it enacted by the Legislature of West Virginia:
That §8-14-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §8-15-17 be amended and reenacted, all
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.

§8-14-12. Form of application; age and residency requirements; exceptions.

The Policemen's Civil Service Commission in each Class I and Class II city shall require individuals applying for admission to any competitive examination provided for under the civil service provisions of this article or under the rules and regulations of said Commission to file in its office, within a reasonable time prior to the proposed 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
state of health and his or her physical capacity for the public service;
(4) His or her
business and employments and residences for at least three previous years; and
(5) Such other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service.
Blank forms for such applications shall be furnished by the Commission, without charge, to all individuals requesting the same. The Commission may require, in connection with such application, such certificates of citizens, physicians and others, having pertinent knowledge concerning the applicant, as the good of the service may require.
No application for original appointment shall be received if the individual applying is less than eighteen years of age or more than thirty-five years of age at the date of his or her
application: Provided, That in the event any applicant formerly served upon the paid police department of the city to which he or she makes application, for a period of more than his or her probationary period, and resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against such applicant, within a period of two years next preceding the date of his application, and at the time of his or her application resides within the corporate limits of the city in which the paid police department to which he or she seeks appointment by reinstatement is located, then such individual shall be eligible for appointment by reinstatement in the discretion of the Policemen's Civil Service Commission, even though such applicant shall be over the age of thirty-five years, and such applicant, providing his or her former term of service so justifies, may be appointed by reinstatement to the paid police department without a competitive examination, but such applicant shall undergo a medical examination; and if such individual shall be so appointed by reinstatement to the paid police department, he or she shall be the lowest in rank in the department next above the probationers of the department.
Any applicant for original appointment must have been a resident for one year, during some period of time prior to the date of his or her
application, of the city in which he or she seeks to become a member of the paid police department: Provided, That if the commission deems it necessary it may consider for original appointment or for reinstatement under the preceding proviso of this section, applicants who are not residents of the city but who have been residents of the county in which the city or any portion of the territory thereof is located for a period of at least one year.
8-15-17. Form of application; age and residency requirements; exceptions. The firemen's civil service commission in each municipality shall require individuals applying for admission to any competitive examination provided for under the civil service provisions of this article or under the rules of the commission to file in its office, within a reasonable time prior to the proposed 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 state of health, and his or her physical capacity for the public service; (4) His or her business and employments and residences for at least three previous years; and(5) Any other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service. Blank forms for the applications shall be furnished by the commission, without charge, to all individuals requesting the same. The commission may require, in connection with the application, certificates of citizens, physicians and others, having pertinent knowledge concerning the applicant, as the good of the service may require. No application for original appointment shall be received if the individual applying is less than eighteen years of age or more than thirty-five years of age at the date of his or her application: Provided, That in the event any applicant formerly served upon the paid fire department of the municipality to which he or she makes application, for a period of more than one year, and resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against the applicant, 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 corporate limits of the municipality in which the paid fire department to which he or she seeks appointment by reinstatement is located, then the individual shall be eligible for appointment by reinstatement in the discretion of the firemen's civil service commission, even though the applicant shall be over the age of thirty-five years, and the applicant, providing his or her former term of service so justifies, may be appointed by reinstatement to the paid fire department without a competitive examination, but the applicant shall undergo a medical examination; and if the individual shall be so appointed by reinstatement to the paid fire department, he or she shall be the lowest in rank in the department next above the probationers of the department. Any applicant for original appointment must have been a resident for one year, during some period of time prior to the date of his or her application, of the municipality in which he or she seeks to become a member of the paid fire department: Provided, That if the commission determines it necessary it may consider for original appointment applicants who are not residents of the municipality but who have been residents of the county in which the municipality or any portion of the territory thereof is located for a period of at least one year.



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