Senate Bill No. 539
(By Senator Unger)
[Introduced February 17, 2011; referred to the Committee on Government Organization.]
A BILL to amend and reenact §8-14-6 of the Code of West Virginia, 1931, as amended, relating to applying the provisions of said code regarding reinstatement of noncivil service chiefs and deputy chiefs to Class III and Class IV municipalities in addition to Class I and Class II.
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 to read as follows:
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS, ETC.
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.
(a) 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.
(b) No individual, except the chief or deputy chiefs of police, if the position of deputy chief of police has been previously created by the 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 a 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 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 be reinstated to the officer’s previous rank following his or her term as chief or deputy chief of police in Class I, Class II, Class III and Class IV municipalities.
(c) The term "member of a paid police department", whenever used in the following sections of this article, means an 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.
(d) The term "appointing officer", as used in the following sections of this article, 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.
NOTE: The purpose of this bill is to increase the cities to which chiefs and deputy chiefs of police are entitled to reinstatement to include Class III and Class IV municipalities in addition to Class I and Class II.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.