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Introduced Version House Bill 2413 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2413


(By Delegates Webster, Miley, Barker, Brown, Ferro, Fleischauer, Hutchins, Hunt, Wooton, Ellem and Hamilton)

[Introduced February 16, 2009; referred to the Committee on

the Judiciary.]




A BILL to amend and reenact §8-14-12 of the Code of West Virginia, 1931, as amended, relating to raising the upper level age restriction for new hires for certain law enforcement agencies from thirty-five to forty-five years of age.

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 to read as follows:
ARTICLE 14. LAW AND OTHER; 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 full name, residence and post-office address;
(2) His United States citizenship, age and the place and date of his birth;
(3) His state of health and his physical capacity for the public service;
(4) His 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 forty-five years of age at the date of his application: Provided, That in the event any applicant formerly served upon the paid police department of the city to which he makes application, for a period of more than his 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 application resides within the corporate limits of the city in which the paid police department to which he 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 forty-five years, and such applicant, providing his 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 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 application, of the city in which he 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.
NOTE: The purpose of this bill is to change the upper age restriction for new police hires in municipalities
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