H. B. 2892
(By Delegates Stemple, Coleman, Hunt,
Williams, Shelton and Fletcher)
[Introduced February 24, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section eight, article fourteen,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
for lateral transfers for deputy sheriffs.
Be it enacted by the Legislature of West Virginia:
That section eight, article fourteen, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-8. Form of application; age requirements; exceptions.
The civil service commission in each such county shall
require persons applying for admission to any competitive
examination provided for under this article or under the rules
and regulations of the commission to file in its office, within
a reasonable time prior to the proposed competitive 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 health and his or her physical capacity for
the position of deputy sheriff;
(4) His or her business, employments and residences for at
least three previous years; and
(5) Such other information as may reasonably be required,
relative to the applicant's qualifications and fitness for the
position of deputy sheriff.
Blank forms for such the applications shall be furnished by
the commission, without charge, to all persons requesting the
same. The commission may require, in connection with the
application, such certificates of citizens, physicians or others,
having pertinent knowledge concerning the applicant, as the good
of the service may require.
No application for original appointment shall be received on
and after the effective date of this article, if the person
applying is less than eighteen years of age or more than
forty-five years of age at the date of his or her application:
Provided, That in the event any applicant formerly served as a
deputy sheriff for a period of more than six months in the county
to which he or she makes application, and resigned as a deputy sheriff at a time when there were no charges of misconduct or
other misfeasance pending against him or her, 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 county
in which he or she seeks appointment by reinstatement, then such
the applicant shall be eligible for appointment by reinstatement
in the discretion of the civil service commission, even though
such the applicant shall be over the age of forty-five years,
provided he or she is not sixty-five years of age or over, and
such the applicant, providing his or her former term of service
as a deputy sheriff so justifies, may be reappointed by
reinstatement without a competitive examination, but such the
applicant shall undergo a medical examination; and if such the
applicant shall be so appointed by reinstatement as aforesaid, he
or she shall be the lowest in rank in the sheriff's office next
above the probationers of the office: Provided, That an active
duty deputy sheriff of any county of this state may make
application to any other county sheriff's office of this state
for a lateral transfer. The applicant must first be a member of
the deputy sheriff's retirement system. The lateral transfer
applicant is eligible for appointment by lateral transfer in the
discretion of the civil service commission as long as he or
she is not sixty-five years or older. The deputy sheriff may be
appointed for lateral transfer without a competitive examination, but shall be required to submit to a medical examination. In the
event the applicant is appointed by lateral transfer as provided
for in this section, he or she shall be the lowest in rank in the
sheriff's office, next above any persons on probationary status.
NOTE: The purpose of this bill is to authorize lateral
transfers for deputy sheriffs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.