Senate Bill No. 430
(By Senators Wooton and Chernenko)
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[Introduced February 21, 1994; 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 filling
vacancies by promotion in the paid police departments of
Class I or II cities; and allowing length and quality of
service and work experience to be considered in addition to
the results of competitive civil service examinations.
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 POLICE
OFFICERS; 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 work experience, years of service, and by written
competitive examinations a competitive examination to be provided
by the policemen's civil service commission and upon the superior
qualifications of the individuals promoted, as shown by their
previous service and experience: 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 or she 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 or she was a member of said paid policedepartment 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 was held
at the time of his or her appointment to the office of chief of
police or which he has was 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 allow the length and
quality of work experience and service to be considered, in
addition to the results of a competitive civil service
examination, when filling vacancies by promotion in the paid
police departments of Class I or II cities.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.