H. B. 3173
(By Delegate Stalnaker)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-14-6 of the Code of West Virginia,
1931, as amended; and to amend and reenact §8-14-17 of said
code, all relating to allowing municipal chiefs of police to
appoint a deputy chief or principal supervisor.
Be it enacted by the Legislature of West Virginia:
That §8-14-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §8-14-17 of said code 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,
or a deputy chief or principal supervisor appointed by the chief,
shall 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.
The term "member of a paid police department," whenever used
in the following sections of this article, shall mean and include
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 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 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 a deputy chief or principal supervisor
appointed by the chief, no individual shall be eligible for
promotion from the lower grade to the next higher grade until such
individual shall have completed at least two years of continuous
service in the next lower grade in the department immediately prior
to said 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 a deputy chief or principal supervisor appointed
by the chief of such paid police department, or hereafter appointed
to such office, shall, except as hereinafter provided in this
section, be and shall continue to be entitled to all of the rights
and benefits of the civil service provisions of this article,
except that he may be removed from such office
of chief of police
without cause, and the time spent by such member in the office
of
such chief of police shall be added to the time served by such
member during the entire time he was a member of said paid police
department prior to his appointment as chief
or deputy chief or
principal supervisor, and shall in all cases of removal, except for removal for good cause, retain the regular rank within said paid
police department which he held at the time of his appointment to
the office
of chief of police or which he has attained during his
term of service as chief of police
or deputy chief or principal
supervisor. 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 determine in each instance whether an
increase in salary constitutes a promotion.
NOTE: The purpose of this bill is to allow municipal chiefs
of police to appoint a deputy chief or principal supervisor.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.