H. B. 4429
(By Delegates Lawrence and Stowers)
[Introduced February 6, 2012; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-10-1 of the Code of West Virginia, 1931, as amended, relating to police; authorizing the mayor to appoint chiefs of police and deputy chiefs of police; and allowing chiefs of police and deputy chiefs of police to be reinstated to the rank that he or she previously held.
Be it enacted by the Legislature of West Virginia:
That §8-10-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.
PART I. MAYOR.
§8-10-1. Powers and duties of mayor.
When not otherwise provided by charter provision or general law, the mayor of every municipality shall be the chief executive officer of such municipality, shall have the powers and authority granted in this section, and shall see that the ordinances, orders, bylaws, acts, resolutions, rules and regulations of the governing body thereof are faithfully executed. He The mayor shall have jurisdiction to hear and determine any and all alleged violations thereof and to convict and sentence persons therefor. He The mayor shall also, until January 1, 1977, be ex officio a justice and conservator of the peace within the municipality, and shall, within the same, have and exercise all of the powers, both civil and criminal, and perform all duties vested by law in a justice of the peace, except that he the mayor shall have no jurisdiction in civil cases or causes of action arising without the corporate limits of the municipality. He The mayor shall have, until January 1, 1977, the same power to issue attachments in civil suits as a justice of his or her county has, though the cause of action arose without the corporate limits of his or her municipality, but he the mayor shall have no power to try the same and such attachments shall be returnable and be heard before some justice of his or her county. Upon complaint he the mayor shall have authority to issue a search warrant in connection with the violation of a municipal ordinance. Any search warrant, warrant of arrest or other process issued by him the mayor may be directed to the chief of police or any member of the police department or force of the municipality, and the same may be executed at any place within the county or counties in which the municipality is located. He The mayor shall have control of the police of the municipality shall appoint the chief of police and deputy chiefs of police and may appoint special police officers whenever he the mayor deems it necessary, except when otherwise provided by law, and subject to the police civil service provisions of article fourteen of this chapter if such civil service provisions are applicable to his the mayor’s municipality, except that an individual appointed chief 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 of police shall in all cases of removal, except removal for just cause, be reinstated to the officer’s previous rank within that police department which he or she held, if any, at the time of his or her appointment to the office of chief or deputy chief or which he or she has attained, if any, during his or her term of service as chief or deputy chief following his or her term as chief or deputy chief of police. and it It shall be his the mayor’s duty especially to see that the peace and good order of the municipality are preserved, and that persons and property therein are protected; and to this end he the mayor may cause the arrest and detention of all riotous and disorderly individuals in the municipality before issuing his a mayor’s warrant therefor. He The mayor shall have power to issue executions for all fines, penalties and costs imposed by him or her, or he the mayor may require the immediate payment thereof, and in default of such payment, he the mayor may commit the party in default to the jail of the county or counties in which such municipality is located, or other place of imprisonment within the corporate limits of such municipality, if there be one, until the fine or penalty and costs shall be paid, but the term of imprisonment in such case shall not exceed thirty days. He The mayor shall, from time to time, recommend to the governing body such measures as he the mayor may deem needful for the welfare of the municipality. The expense of maintaining any individual committed to a county jail by him or her, except it be to answer an indictment, or, until January 1, 1977, be under the provisions of sections eight and nine, article eighteen, chapter fifty of this code, shall be paid by the municipality and taxed as part of the costs of the proceeding.
NOTE: The purpose of this bill is to mandate that chiefs of police and deputy chiefs of police be reinstated to the officer’s previous rank in the same paid police department following his or her term as chief of police or deputy chief of police.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.