Senate Bill No. 275

(By Senators Snyder, Bailey, Ball, Bowman and Wiedebusch)

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[Introduced March 10, 1997; referred to the Committee
on Government Organization.]
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A BILL to amend and reenact sections sixteen and seventeen, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to rules for all examinations and probationary appointments.

Be it enacted by the Legislature of West Virginia:
That sections sixteen and seventeen, article fifteen, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-16. Rules for all examinations; probationary appointments.

The firemen's civil service commission in each municipality shall make rules and regulations providing for both competitive and medical examinations for appointments and promotions to all positions in the paid fire department in such the municipality, and for such other matters as are necessary to carry out the purposes of the civil service provisions of this article. Any such commission shall have the power and authority to require by rules and regulations a physical fitness examination as a part of its competitive examination or as a part of its medical examination: Provided, That after the thirtieth day of June, one thousand nine hundred eighty-one, the medical requirements for appointment to all positions in the paid fire department in such the municipality shall include, but not be limited to, the medical requirements stated in section sixteen, article twenty- two of this chapter. Due notice of the contents of such the rules and regulations and of any modifications thereof shall be given, by mail, in due season, to the appointing officer; and said the rules and regulations and any modifications thereof shall also be printed for public distribution. All original appointments to any positions in a paid fire department subject to the civil service provisions of this article shall be for a probationary period of six months one year: Provided, That at any time during the probationary period the probationer may be discharged for just cause, in the manner provided in section twenty-five of this article. If, at the close of this probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing officer, the probationer shall be notified, in writing, that he he or she will not receive absolute appointment, whereupon his or her employment shall cease; otherwise, his or her retention in the service shall be equivalent to his or her final appointment.
§8-15-17. Form of application; age and residency requirements; exceptions.

The firemen's civil service commission in each municipality 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 the 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 Any other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service.
Blank forms for such the applications shall be furnished by the commission, without charge, to all individuals requesting the same. The commission may require, in connection with such the application, such 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 fire department of the municipality to which he or she makes application, for a period of more than six months one year, and resigned from the department at a time when there were no charges of misconduct or other misfeasance pending against such the applicant, within a period of two years next preceding the date of his or her application, and at the time of his or her application resides within the corporate limits of the municipality in which the paid fire department to which he or she seeks appointment by reinstatement is located, then such the individual shall be eligible for appointment by reinstatement in the discretion of the firemen's civil service commission, even though such the applicant shall be over the age of thirty-five years, and such the applicant, providing his or her former term of service so justifies, may be appointed by reinstatement to the paid fire department without a competitive examination, but such the applicant shall undergo a medical examination; and if such the individual shall be so appointed by reinstatement to the paid fire department, he or she 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 municipality in which he or she seeks to become a member of the paid fire department: Provided, That if the commission deems determines it necessary it may consider for original appointment applicants who are not residents of the municipality but who have been residents of the county in which the municipality 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 change the probationary period from six months to one year for paid fire departments.

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