H. B. 2035
(By Delegate Azinger)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-14-12 of the Code of West Virginia,
1931, as amended; and to amend and reenact §8-15-17 of said
code, all relating to changing the "within two years" time
restriction to a "within ten years" time restriction in which
an application by a former police officer or firefighter, who
previously resigned, and who meets other criteria set forth in
the law, may submit an application for reinstatement and may
be appointed by reinstatement without a competitive
examination.
Be it enacted by the Legislature of West Virginia:
That §8-14-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §8-15-17 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.
§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 other information as may reasonably be required,
touching upon the applicant's qualifications and fitness for the
public service.
Blank forms for such applications shall be furnished by the commission, without charge, to all individuals requesting the same.
The commission may require, in connection with such 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 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 applicant, within a period of
two ten 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 individual
shall be eligible for appointment by reinstatement in the
discretion of the policemen's Civil Service Commission, even though
such applicant shall be over the age of thirty-five years, and such
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 applicant shall undergo a medical examination; and if such 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 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.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-17. Form of application; age and residency requirements;
exceptions.
The firemen's Civil Service Commission in each municipality
shall require individuals applying for admission to any competitive
examination provided
for under the civil service provisions of this
article or under the rules of the 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) Any other information as may reasonably be required,
touching upon the applicant's qualifications and fitness for the
public service.
Blank forms for the applications shall be furnished by the
commission, without charge, to all individuals requesting the same.
The commission may require, in connection with the application,
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 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 fire department of the municipality to which
he or she makes application, for a period of more than one year,
and resigned from the department at a time when there were no
charges of misconduct or other misfeasance pending against the applicant within a period of
two ten 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 municipality
in which the paid fire department to which he or she seeks
appointment by reinstatement is located, then the individual shall
be eligible for appointment by reinstatement in the discretion of
the firemen's Civil Service Commission, even though the applicant
shall be over the age of thirty-five years, and the applicant,
providing his or her former term of service so justifies, may be
appointed by reinstatement to the paid fire department without a
competitive examination, but the applicant shall undergo a medical
examination; and if the individual shall be so appointed by
reinstatement to the paid fire 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 municipality in which he or she
seeks to become a member of the paid fire department:
Provided,
That if the commission determines it necessary it may consider for
original appointment applicants who are not residents of the
municipality but who have been residents of the county in which the
municipality 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 change from "within two
years" to "within ten years" the time restriction in which an
application by a former police officer or firefighter, who
previously resigned, and who meets other criteria set forth in the
law, may submit an application for reinstatement and may be
appointed by reinstatement without a competitive examination.
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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