H. B. 2080
(By Delegate Stemple)
[Introduced January 12, 2007; referred to the
Committee on Pensions and Retirement then the Judiciary.]
A BILL to amend and reenact §7-14-8 of the Code of West Virginia,
1931, as amended, relating to providing for lateral transfers
for deputy sheriffs.
Be it enacted by the Legislature of West Virginia:
That §7-14-8 of the Code of West Virginia, 1931, 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 The applicant's
full name, residence and post-office address;
(2) His The applicant's
United States citizenship, age and the
place and date of his or her birth;
(3) His The applicant's
health and his or her physical
capacity for the position of deputy sheriff;
(4) His The applicant's
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
them. 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 A person may not submit an 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 if an 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 is eligible for
appointment by reinstatement in the discretion of the Civil Service
Commission, even though such the applicant shall be is over the age
of forty-five years, provided if 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 is appointed by reinstatement as
aforesaid as provided in this section, he or she shall be placed in
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 is required to submit to a medical examination. If the applicant is appointed by lateral
transfer as provided in this section, he or she shall be placed in
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.