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Introduced Version Senate Bill 89 History

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SB89 intr
Senate Bill No. 89

(By Senator Kessler)

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[Introduced January 13, 2010; referred to the Committee on Government Organization.]

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A BILL to amend and reenact §8-14-6 and §8-14-17 of the Code of West Virginia, 1931, as amended, all relating to reinstating former chiefs of police to previously held positions within the paid police department following expiration of term as chief; and providing for appointment of deputy chiefs of police.

Be it enacted by the Legislature of West Virginia:
That §8-14-6 and §8-14-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all 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.

PART V. CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-6. Qualifications for appointment or promotion to positions in certain paid police departments to be ascertained by examination; provisions exclusive as to appointments, etc.; definitions.

All appointments and promotions to all positions in all paid police departments of Class I and Class II cities shall be made only according to qualifications and fitness to be ascertained by examinations, which, so far as practicable, shall be competitive, as hereinafter provided. No individual except the chief of police shall or deputy chief of police, if the position of deputy chief of police has been previously created by city council of that Class I or Class II city, may be appointed, promoted, reinstated, removed, discharged, suspended or reduced in rank or pay as a paid member of any paid police department, regardless of rank or position, of any Class I or Class II city in any manner or by any means other than those prescribed in the following sections of this article: Provided, That any individual appointed to the office of chief of police or deputy chief of police who held a position as a member of a paid police department in that police department before the appointment as chief or deputy chief shall be reinstated to the officer's previous rank following his or her term as chief of police or deputy chief of police.
The term "member of a paid police department," whenever used in the following sections of this article, shall mean and include means any individual employed in a paid police department who is clothed with the police power of the state in being authorized to carry deadly weapons, make arrests, enforce traffic and other municipal ordinances, issue summons for violations of traffic and other municipal ordinances, and perform other duties which are within the scope of active, general law enforcement. The term "appointing officer," as used in the following sections of this article, shall be construed to mean means the Class I or Class II city officer in whom the power of appointment of members of a paid police department is vested by charter provision or ordinance of the city.
§8-14-17. Vacancies filled by promotions; eligibility for promotion; rights of chief.

Vacancies in positions in a paid police department of a Class I or Class II city shall be filled, so far as practicable, by promotions from among individuals holding positions in the next lower grade in the department. Promotions shall be are based upon experience and by written competitive examinations to be provided by the policemen's civil service commission: Provided, That except for the chief of police or deputy chief of police, if the position of deputy chief of police has been previously created by city council of that Class I or Class II city, no individual shall be is eligible for promotion from the lower grade to the next higher grade until such the individual shall have has completed at least two years of continuous service in the next lower grade in the department immediately prior to said before the examination: Provided, however, That notwithstanding the provisions of section six of this article, any member of a paid police department of Class I or Class II city now occupying the office of chief or deputy chief of such that paid police department, or hereafter appointed to such the office, shall except as hereinafter provided in this section, be and shall continue to be is entitled to all of the rights and benefits of the civil service provisions of this article, except that he or she may be removed from such the office of chief of police without cause, and the time spent by such the member in the office of such chief of police or deputy chief of police shall be added to the time served by such the member during the entire time he or she was a member of said that paid police department prior to his or her appointment as chief or deputy chief, and shall in all cases of removal, except for removal for good cause, retain the regular rank within said that paid police department which he or she held at the time of his or her appointment to the office of chief of police or deputy chief of police or which he or she has attained during his or her term of service as chief of police or deputy chief of police. The provisions of this section shall be construed to apply and to inure to the benefit of all individuals who have ever been subject to the provisions of this article. The commission shall have the power to may determine in each instance whether an increase in salary constitutes a promotion.




NOTE: The purpose of this bill is to mandate reinstatement of chiefs and deputy chiefs to previously held positions within the paid police department and to allow for the appointment of a deputy chief of police if city councils approve the position.

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