Introduced Version
House Bill 2789 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2789
(By Delegates M. Poling, Fragale, Miley and Iaquinta)
[Introduced March 1, 2013; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §8-15-11 and §8-15-22 of the Code of
West Virginia, 1931, as amended, all relating to reinstating
former fire chiefs and deputy chiefs to previously held
positions in paid fire departments following an expired term
as chief or deputy chief; and exempting fire chiefs and deputy
chiefs from certain civil service requirements.
Be it enacted by the Legislature of West Virginia:
That §8-15-11 and §8-15-22 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-11. Qualifications for appointment or promotion to positions
in paid fire departments to be ascertained by
examination; provisions exclusive as to appointments, etc.; rights of certain chiefs; "appointing officer"
defined.
(a) All appointments and promotions to all positions in all
paid fire departments shall be made only according to
qualifications and fitness to be ascertained by examinations,
which, so far as practicable, shall be competitive, as hereinafter
provided.
(b) No individual, except the chief or deputy chief, if the
position of deputy chief has been previously created by city
council of that city, may be appointed, promoted, reinstated,
removed, discharged, suspended or reduced in rank or pay as a paid
member of any paid fire department, regardless of rank or position,
in any manner or by any means other than those prescribed in this
article: Provided, That in all municipalities in which the office
of fire chief of a paid fire department was not covered by the
provisions of former article six-a of this chapter on January 1,
1949, the office in the municipality shall be excepted from the
civil service provisions of article fifteen of this chapter, until
the time the governing body of the municipality shall, by
appropriate ordinance or resolution adopted by a majority of its
members, elect to place the office of fire chief and deputy chief
under the civil service provisions of this article.
(c) Until the office of fire chief and deputy chief is placed under the civil service provisions of this article by the governing
body, the member of any paid fire department now occupying such
office or hereafter appointed to such office shall in all cases of
removal, except for removal for good cause, retain the status he or
she held in the paid fire department at the time of his or her
appointment to the office of fire chief or deputy chief
or which he
or she attained during his or her term as fire chief or deputy
chief.
(d) The term "appointing officer" as used in this article shall
mean the municipal officer in whom the power of appointment of
members of a paid fire department is vested by charter provision or
ordinance of the municipality.
§8-15-22. Vacancies filled by promotions; eligibility for
promotion.
Vacancies in positions in a paid fire department 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 and by competitive
written examinations to be provided by the firemen's civil service
commission: Provided, That
except for the chief or deputy chief,
if the position of deputy chief has been previously created by city
council of that city,
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 and has completed the registered apprenticeship and
certification program under article fifteen-a, chapter eight of
this code: Provided, however, That completion of the registered
apprenticeship and certification program as a requirement for
promotion shall apply only to those firefighters employed since
June 12, 1987. 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 permit the reinstatement
of former fire chiefs and deputy chiefs to previously held
positions in paid fire departments following an expired term as
chief or deputy chief. The bill exempts fire chiefs and deputy
chiefs from certain civil service requirements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.