H. B. 4520
(By Delegate Stalnaker)
[Introduced February 13, 2006; 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 removal of the age cap for
certified law-enforcement officers for qualification purposes.
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 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 police officer'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
it. The commission may require, in connection with such
application,
such the 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 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 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
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.
NOTE: The purpose of this bill is to remove the cap in the age
requirement for certified law-enforcement officers for
qualification purposes.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.