H. B. 3035



(By Delegate Keener)



[Introduced March 28, 2001; referred to the



Committee on Political Subdivisions then the Judiciary.]
A BILL to amend article fourteen-a, chapter eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to exempting municipalities with populations of
twenty-five hundred and less from civil service requirements
applicable to removing, discharging, suspending or reducing in
rank or pay law-enforcement officers.
Be it enacted by the Legislature of West Virginia:

That article fourteen-a, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six, to
read as follows:
ARTICLE 14A. MUNICIPAL POLICE OFFICERS AND FIREMEN; PROCEDURE FOR
INVESTIGATION.
§8-14A-6. Municipalities exempt from procedures.

On and after the effective date of this section,
municipalities with populations of twenty-five hundred or less are
not subject to the proceedings set out in article fourteen and this
article that require members of the police department who are
removed, discharged, suspended or reduced in rank or pay to be
furnished with a written statement of the reasons for that action
and be entitled to a hearing and appeal. Nor are those
municipalities subject to the procedure for investigation and
interrogation of police officers.

The governing body of municipalities with populations of
twenty-five hundred or less may enact ordinances to establish
procedures governing the removal, discharge, suspension or
reduction in rank or pay of its police officers and any procedure
for investigation and interrogation of police officers.

NOTE: The purpose of this bill is to
exempt municipalities
with populations of twenty five hundred and less from civil service
requirements applicable to removing, discharging, suspending or
reducing in rank or pay law enforcement officers.

This section is new; therefore, strike-throughs and
underscoring have been omitted.