H. B. 4087
(By Delegates Fleischauer, Beach and Poling)
[Introduced January 18, 2002; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact section twelve, article fourteen,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to allowing the civil
service commission to increase the maximum age of applicants.
Be it enacted by the Legislature of West Virginia:
That section twelve, 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 POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.
§8-14-12. Form of application; age and residency requirements;
exceptions.
The policemen's civil service commission in each Class I and
Class II city 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
said 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. The
Civil Service Commission may determine and fix the maximum age
limit for an original appointment which shall be no less 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 police department of the city to which he or
she makes application, for a period of more than his or her
probationary period, 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 city in which the paid police 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 policemen'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
police 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
police 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 city in which he or she seeks to
become a member of the paid police department: Provided, That if
the commission deems considers it necessary it may consider for
original appointment or for reinstatement under the preceding
proviso of this section, applicants who are not residents of the
city but who have been residents of the county in which the city 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 allow the civil service
commission to increase the maximum age for applicants.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.