Senate Bill No. 11
(By Senator Deem)
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[Introduced February 14, 2001; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact section seventeen, article fourteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to criteria
for promotions for civil service police departments.
Be it enacted by the Legislature of West Virginia:
That section seventeen, article fourteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
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.
§8-14-17. Vacancies filled by promotions; eligibility for
promotion; rights of chief.
Vacancies in positions in a paid police department of a Class
I or Class II city 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,
oral interviews, review of personnel files and by
written competitive examinations to be provided by the
policemen's civil service commission:
Provided, That except for
the chief of police, no individual shall be eligible for
promotion from the lower grade to the next higher grade until
such the individual
shall have has completed at least two years
of continuous service in the next lower grade in the department
immediately prior to
said the examination,
oral interview and the
review of his or her personnel file: Provided, however, That
notwithstanding the provisions of section six of this article,
any member of a paid police department of Class I or Class II
city now occupying the office of chief of
such the paid police
department, or hereafter appointed to such office,
shall except as hereinafter provided in this section, be and
shall continue to
be entitled to all of the rights and benefits of the civil
service provisions of this article, except that he
or she may be
removed from
such the office of chief of police without cause,
and the time spent by
such the member in the office of
such the
chief of police shall be added to the time served by
such the
member during the entire time he
or she was a member of
said the
paid police department prior to his
or her appointment as chief,
and shall in all cases of removal, except for removal for good
cause, retain the regular rank within
said the paid police
department which he
or she held at the time of his
or her
appointment to the office of chief of police or which he
or she
has attained during his
or her term of service as chief of
police. The provisions of this section shall be construed to
apply and to inure to the benefit of all individuals who have
ever been subject to the provisions of this article. 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 set criteria for
promotions within the police department to include oral
interviews and the review of candidates personnel file.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.
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