Senate Bill No. 539
(By Senator Schoonover)
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[Introduced February 19, 1996; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact section seven, article fourteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section twelve, article fifteen of said chapter, all
relating to municipal corporations; police; policemen's
civil service commissions and firemen's civil service
commissions; and removing the local chamber of commerce from
the selection process of commissioners.
Be it enacted by the Legislature of West Virginia:
That section seven, article fourteen, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section twelve, article fifteen of said chapter be amended and reenacted, all 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.
§8-14-7. Policemen's civil service commission generally.
In every Class I and Class II city having a paid police
department, there shall be a "Policemen's Civil Service
Commission." The commission shall consist of three
commissioners, one of whom shall be appointed by the mayor of the
city; one of whom shall be appointed by the local fraternal order
of police; and the third shall be appointed by the local chamber
of commerce, or if there be none, by a local businessmen's
association mayor and the local fraternal order of police:
Provided, That if the mayor and local fraternal order of police
cannot agree upon the third commissioner, then the appointment
shall be made by the circuit court, or the chief judge of the
circuit court if there is more than one circuit judge in the
circuit. The individuals appointed commissioners shall be qualified voters of the city for which they are appointed; and at
least two of said commissioners shall be individuals in full
sympathy with the purposes of the civil service provisions of
this article. Not more than two of the said commissioners, at any
one time, shall be adherents of the same political party. Of the
three original appointments in each city, the first commissioner
shall be appointed by the mayor and shall serve for six years
from the date of his appointment; the second commissioner shall
be appointed by the local fraternal order of police and shall
serve for four years from the date of his appointment; and the
third commissioner shall be appointed by the local chamber of
commerce or local businessmen's association mayor and the local
fraternal order of police and shall serve for two years from the
date of his appointment. In the event there is no local chamber
of commerce or local businessmen's association at the time any
appointment is to be made by it, such appointment shall be made
by the other two commissioners by mutual agreement. After the
original appointments, all appointments shall be made for periods
of four years each by the appointing authority hereinbefore
designated. In the event that any commissioner of said civil
service commission shall cease to be a member thereof by virtue of death, final removal or other cause, a new commissioner shall
be appointed to fill the unexpired term of said commissioner
within ten days after said excommissioner shall have ceased to be
a member of said commission. Such appointment shall be made by
the officer or body who in the first instance appointed the
commissioner who is no longer a member of the commission, except
that in the case of a vacancy in an appointment made by the
governor, which vacancy occurs after the effective date of this
article, the appointment for the unexpired term shall be made by
the mayor. Each year the three members of the commission shall,
together, elect one of their number to act as president of the
commission, who shall serve as president for one year. The mayor
may, at any time, remove any commissioner or commissioners for
good cause, which shall be stated in writing and made a part of
the records of the commission: Provided, That once the mayor has
removed any commissioner, the mayor shall within ten days
thereafter file in the office of the clerk of the circuit court
of the county in which the city or the major portion of the
territory thereof is located a petition setting forth in full the
reason for said removal and praying for the confirmation by said
circuit court of the action of the mayor in so removing the said commissioner. A copy of said petition shall be served upon the
commissioner so removed simultaneously with its filing in the
office of the clerk of the circuit court and shall have
precedence on the docket of said court and shall be heard by said
court as soon as practicable upon the request of the removed
commissioner or commissioners. All rights herein vested in said
circuit court may be exercised by the judge thereof in vacation.
In the event that no term of the circuit court is being held at
the time of the filing of said petition, and the judge thereof
cannot be reached in the county wherein the petition was filed,
said petition shall be heard at the next succeeding term of said
circuit court, whether regular or special, and the commissioner
or commissioners so removed shall remain removed until a hearing
is had upon the said petition of the mayor. The court or the
judge thereof in vacation shall hear and decide the issues
presented by said petition. The mayor or commissioner or
commissioners, as the case may be, against whom the decision of
the court or the judge thereof in vacation shall be rendered,
shall have the right to petition the supreme court of appeals for
a review of the decision of the circuit court or the judge
thereof in vacation as in other civil cases. In the event that the mayor shall fail to file his petition in the office of the
clerk of the circuit court, as hereinbefore provided, within ten
days after the removal of said commissioner or commissioners,
such commissioner or commissioners shall immediately resume his
or their position or positions as a member or members of the
policemen's civil service commission.
Any resident of the city shall have the right at any time to
file charges against and seek the removal of any member of the
policemen's civil service commission of such city. Such charges
shall be filed in the form of a petition in the office of the
clerk of the circuit court of the county in which the city or the
major portion of the territory thereof is located, and a copy of
said petition shall be served upon the commissioner or
commissioners sought to be removed. Said petition shall be
matured for hearing and heard by said circuit court or the judge
thereof in vacation in the same manner as civil proceedings in
the circuit courts of this state are heard, and the party against
whom the circuit court's decision is rendered shall have the
right to petition the supreme court of appeals for a review of
the action of the circuit court, as in other civil cases.
No commissioner shall hold any other office (other than the office of notary public) under the United States, this state, or
any municipality, county or other political subdivision thereof;
nor shall any commissioner serve on any political committee or
take any active part in the management of any political campaign.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS;
CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.
PART IV. CIVIL SERVICE FOR PAID FIRE DEPARTMENT.
§8-15-12. Firemen's civil service commission generally.
In every municipality having a paid fire department, there
shall be a "Firemen's Civil Service Commission." The commission
shall consist of three commissioners, one of whom shall be
appointed by the mayor of the municipality; one of whom shall be
appointed by the local international association of firefighters
in the event that said local exists in the municipality, or in
case no such local exists in the municipality, then by the local
central body of the West Virginia Federation of Labor AFL-CIO in
the event that said central body exists in the municipality, or
in case that no such central body exists in the municipality,
then by the West Virginia Federation of Labor AFL-CIO; and the
third shall be appointed by the local chamber of commerce, or if
there be none, by a local businessmen's association mayor and the local international association of firefighters, or its
alternate: Provided, That if the mayor and the local
international association of firefighters or its alternate cannot
agree upon the third commissioner, the appointment shall be made
by the circuit court, or the chief judge of the circuit court if
there is more than one circuit judge in the circuit. The
individuals appointed commissioners shall be qualified voters of
the municipality for which they are appointed; and at least two
of said commissioners shall be individuals in full sympathy with
the purposes of the civil service provisions of this article.
Not more than two of the said commissioners, at any one time,
shall be adherents of the same political party. Of the three
original appointments in each municipality, the first
commissioner shall be appointed by the mayor and shall serve for
six years from the date of his appointment; the second
commissioner shall be appointed by the local trades board, or in
the absence of such board, by the international association of
firefighters, and shall serve for four years from the date of his
appointment; and the third commissioner shall be appointed by the
local chamber of commerce or local businessmen's association
mayor and the local international association of firefighters and shall serve for two years from the date of his appointment. In
the event there is no local chamber of commerce or local
businessmen's association at the time any appointment is to be
made by it, such appointment shall be made by the other two
commissioners by mutual agreement. After the original
appointments, all appointments shall be made for periods of four
years each by the appointing authority hereinbefore designated.
In the event that any commissioner of said civil service
commission shall cease to be a member thereof by virtue of death,
final removal or other cause, a new commissioner shall be
appointed to fill the unexpired term of said commissioner within
ten days after said ex-commissioner shall have ceased to be a
member of said commission. Such appointment shall be made by the
officer or body who in the first instance appointed the
commissioner who is no longer a member of the commission. Each
year the three members of the commission shall, together, elect
one of their number to act as president of the commission, who
shall serve as president for one year. The mayor may, at any
time, remove any commissioner or commissioners for good cause,
which shall be stated in writing and made a part of the records
of the commission: Provided, That once the mayor has removed any commissioner, the mayor shall within ten days thereafter file in
the office of the clerk of the circuit court of the county in
which the municipality or the major portion of the territory
thereof is located a petition setting forth in full the reason
for said removal and praying for the confirmation by said circuit
court of the action of the mayor in so removing the said
commissioner. A copy of said petition shall be served upon the
commissioner so removed simultaneously with its filing in the
office of the clerk of the circuit court and shall have
precedence on the docket of said court and shall be heard by
said court as soon as practicable upon the request of the removed
commissioner or commissioners. All rights herein vested in said
circuit court may be exercised by the judge thereof in vacation.
In the event that no term of the circuit court is being held at
the time of the filing of said petition, and the judge thereof
cannot be reached in the county wherein the petition was filed,
said petition shall be heard at the next succeeding term of said
circuit court, whether regular or special, and the commissioner
or commissioners so removed shall remain removed until a hearing
is had upon the petition of the mayor. The court or the judge
thereof in vacation shall hear and decide the issues presented by said petition. The mayor or commissioner or commissioners, as
the case may be, against whom the decision of the court or the
judge thereof in vacation shall be rendered, shall have the right
to petition the supreme court of appeals for a review of the
decision of the circuit court or the judge thereof in vacation as
in other civil cases. In the event that the mayor shall fail to
file his petition in the office of the clerk of the circuit
court, as hereinbefore provided, within ten days after the
removal of said commissioner or commissioners, such commissioner
or commissioners shall immediately resume his or their position
or positions as a member or members of the firemen's civil
service commission.
Any resident of the municipality shall have the right at any
time to file charges against and seek the removal of any member
of the firemen's civil service commission of such municipality.
Such charges shall be filed in the form of a petition in the
office of the clerk of the circuit court of the county in which
the municipality or the major portion of the territory thereof is
located, and a copy of said petition shall be served upon the
commissioner or commissioners sought to be removed. Said
petition shall be matured for hearing and heard by said circuit court or the judge thereof in vacation in the same manner as
civil proceedings in the circuit courts of this state are heard,
and the party against whom the circuit court's decision is
rendered shall have the right to petition the supreme court of
appeals for a review of the action of the circuit court, as in
other civil cases.
No commissioner shall hold any other office (other than the
office of notary public) under the United States, this state or
any municipality, county or other political subdivision thereof;
nor shall any commissioner serve on any political committee or
take any active part in the management of any political campaign.
NOTE: The purpose of this bill is to remove the local
chamber of commerce from the selection process of commissioners
on Policemen's Civil Service Commissions and Firemen's Civil
Service Commissions.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.