H. B. 3028


(By Delegate Pino)
[Introduced February 14, 2003; 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 clarifying that the sheriff is the appointing officer with respect to deputy sheriffs who have resigned and thereafter seek appointment by reinstatement.

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 Any 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 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 applicant shall be eligible for appointment by reinstatement in the discretion of the civil service commission appointing sheriff, 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.



NOTE: The purpose of this bill is to clarify that the sheriff is the appointing officer with respect to deputy sheriffs who have resigned and thereafter seek appointment by reinstatement.

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