H. B. 4484
(By Delegates Cann, Skaff, Miley, Frazier,
Ferro, Hutchins, Craig and Azinger)
[Introduced February 12, 2010
; referred to the
Committee on Political Subdivisions then the Judiciary.]
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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