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Committee Substitute House Bill 2888 History

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COMMITTEE SUBSTITUTE

forH. B. 2888

 

(By Delegates Miley, Fragale, Manchin, Fleischauer, Longstreth and Caputo)

(Originating in the Committee on the Judiciary)

[March 26, 2013]

 

A BILL to amend and reenact §8-14-7 of the Code of West Virginia, 1931, as amended, relating to policemen’s civil service commissions; authorizing commissioners to serve on other boards and commissions.

Be it enacted by the Legislature of West Virginia:

    That §8-14-7 of the Code of West Virginia, 1931, 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.

§8-14-7. Policemen's civil service commission generally.

    (a) In every Class I and Class II city having a paid police department, there shall be a "Policemen's Civil Service Commission."

    (b) The commission shall consist of three commissioners, as follows:

    (1) One of whom shall be appointed by the mayor of the city;

    (2) One of whom shall be appointed by the local fraternal order of police; and

    (3) the third One shall be appointed by the local chamber of commerce, or if there be is none, by a local businessmen's business association.

    (c) The individuals appointed commissioners shall be qualified voters of the city for which they are appointed. and

    (1) At least two of said the commissioners shall be individuals in full sympathy with the purposes of the civil service provisions of this article.

    (2) Not more than two of the said commissioners, at any one time, shall may be adherents of registered to vote as members of the same political party.

    (d) Of the three original appointments in each city, the first commissioner shall be appointed by the mayor and shall serve for six years from the date of his appointment; the second commissioner shall be appointed by the local fraternal order of police and shall serve for four years from the date of his appointment; and the third commissioner shall be appointed by the local chamber of commerce or local businessmen's association and shall serve for two years from the date of his appointment. In the event there is no local chamber of commerce or local businessmen's business association at the time any appointment is to be made by it, such the appointment shall be made by the other two commissioners by mutual agreement.

    (e) After the original appointments, all appointments shall be made for periods of four years each by the appointing authority hereinbefore designated. Members shall serve terms of four years, staggered in accordance with prior enactments of this section.

    (f) (1) In the event that If any commissioner of said the civil service commission shall cease ceases to be a member thereof of the commission by virtue of death, final removal or other cause, a new commissioner shall be appointed to fill the unexpired term of said the commissioner within ten days after said the excommissioner shall have has ceased to be a member of said the commission.

    (2) Such The appointment shall be made by the officer or body who in the first instance appointed the commissioner who is no longer a member of the commission, except that in the case of a vacancy in an appointment made by the Governor, which vacancy occurs after the effective date of this article, the appointment for the unexpired term shall be made by the mayor.

    (g) Each year the three members of the commission shall, together, elect one of their number to act as president of the commission, who shall serve serves as president for one year.

    (h) The mayor may, at any time, remove any commissioner or commissioners for good cause, which shall be stated in writing and made a part of the records of the commission.

    (1) Provided, That Once the mayor has removed any commissioner, the mayor shall within ten days thereafter file in the office of the clerk of the circuit court of the county in which the city or the major portion of the territory thereof of the city is located a petition setting forth in full the reason for said the removal and praying for the confirmation by said the circuit court of the action of the mayor in so removing the said commissioner.

    (2) A copy of said the petition shall be served upon the commissioner so removed simultaneously with its filing in the office of the clerk of the circuit court and shall have has precedence on the docket of said the court and shall be heard by said the court as soon as practicable upon the request of the removed commissioner or commissioners.

    (i) (1) All rights herein vested in said the circuit court by this section may be exercised by the judge thereof in vacation.

    (2) In the event that If no term of the circuit court is being held at the time of the filing of said the petition, and the judge thereof cannot be reached in the county wherein in which the petition was filed, said the petition shall be heard at the next succeeding term of said the circuit court, whether regular or special, and the commissioner or commissioners so removed shall remain remains removed until a hearing is had upon the said the petition of the mayor.

    (3) The court or the judge thereof in vacation shall hear and decide the issues presented by said the petition.

    (j) (1) The mayor or commissioner or commissioners, as the case may be, against whom the decision of the court or the judge thereof in vacation shall be is rendered, shall have has the right to petition the Supreme Court of Appeals for a review of the decision of the circuit court or the judge thereof in vacation as in other civil cases.

    (2) In the event that If the mayor shall fail fails to file his a petition in the office of the clerk of the circuit court as hereinbefore provided within ten days after the removal of said the commissioner or commissioners, such the commissioner or commissioners shall immediately resume his or her or their position or positions as a member or members of the policemen's civil service commission.

    (k) Any resident of the city shall have has the right at any time to file charges against and seek the removal of any member of the policemen's civil service commission of such the city.

    (1) Such The charges shall be filed in the form of a petition in the office of the clerk of the circuit court of the county in which the city or the major portion of the territory thereof of the city is located, and a copy of said the petition shall be served upon the commissioner or commissioners sought to be removed.

    (2) Said The petition shall be matured for hearing and heard by said the circuit court or the judge thereof in vacation in the same manner as civil proceedings in the circuit courts of this state are heard, and the party against whom the circuit court's decision is rendered shall have has the right to petition the Supreme Court of Appeals for a review of the action of the circuit court, as in other civil cases.

    No commissioner shall hold any other office (other than the office of notary public) under the United States, this state, or any municipality, county or other political subdivision thereof; nor shall any commissioner serve on any political committee or take any active part in the management of any political campaign.

    (l) A commissioner may not hold another office under the United States, this state, or any municipality, county or other political subdivision thereof, nor may a commissioner serve on a political committee or take an active part in the management of a political campaign, except that a commissioner may serve as a notary public or on another local, regional or state board or commission in a part-time capacity.

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