H. B. 2283


(By Delegate Love)
[Introduced February 25, 1993; referred to the
Committee on Political Subdivisions.]




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 police department promotions.

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 aClass 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, work record within the department, performance evaluations 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 individual shall have completed at least two years of continuous service in the next lower grade in the department immediately prior to said examination: 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 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 may be removed from such office of chief of police without cause, and the time spent by such member in the office of such chief of police shall be added to the time served by such member during the entire time he was a member of said paid police department prior to his appointment as chief, and shall in all cases of removal, except for removal for good cause, retain the regular rank within said paid police department which he held at the time of his appointment to the office of chief of police or which hehas attained during his 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 provide additional criteria in consideration of promotions in police departments.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.