HB4324 S JUD AM #1
Graham 4841
The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:
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.
(a) 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.
(b) Blank forms for the applications shall be furnished by the commission, without charge, to all individuals requesting the same.
(c) 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 requires.
(d) Except as provided in
subsections (e) and (f) of this section, no the commission may not
accept an application for original appointment shall be received if
the individual applying is less than 18 years of age or more than 35 years of
age at the date of his or her application.
(e) In the event If
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 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 is
eligible for appointment by reinstatement in the discretion of the Firemen's
Civil Service Commission, even though the applicant shall be is
over the age of 35 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 is
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 and may not be entitled to seniority considerations.
(f) If an individual is presently employed by one paid fire department and is over the age of 35, he or she may make an application to another paid fire department if:
(1) The paid fire
department to which he or she is applying is serving a municipality that has
elected to participate in the West Virginia Municipal Police Officers and
Firefighters Retirement System created in §8-22A-1 et seq. of this code: Provided,
That any individual applying pursuant to this subdivision is to be classified
as a new employee for retirement purposes and no prior employment
service can may not be transferred to the West Virginia Municipal
Police Officers and Firefighters Retirement System; or
(2) The paid fire
department to which he or she is applying is serving a municipality that has
elected to participate in the West Virginia Public Employees Retirement System
created in §5-10-1 et seq. of this code: Provided,
That any individual applying pursuant to this subdivision is to be classified
as a new employee for retirement purposes and no prior employment
service can may not be transferred to the West Virginia Public
Employees Retirement System, except for individuals and their prior employment
service already credited to them in the West Virginia Public Employees
Retirement System pursuant to §5-10-1 et seq. of this code.
(g) Individuals who are authorized
to apply to a paid fire department pursuant to subsection (f) of this section
shall be in the lowest rank of the department and may not be are not
entitled to seniority considerations.
(h)Notwithstanding charter
provisions to the contrary, 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 need not be a resident of the municipality or the
county 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.
§8-15-20. Appointments
from list of eligible eligible applicants; special examinations
for electricians or mechanics.
(a) Every position, unless filled by promotion, reinstatement,
or reduction, shall be filled only in the manner specified in this section. The
appointing officer shall notify the firemen's civil service commission of any
vacancy in a position which he or she desires to fill, and shall request
the certification of eligibles eligible applicants. The
commission shall forthwith immediately certify, from the eligible
list, the names of the three individuals thereon on the eligible list
who received the highest averages at preceding competitive examinations held
under the civil service provisions of this article within a period of three
years next preceding the date of the prospective appointment. The appointing
officer shall, thereupon, with sole reference to the relative merit and
fitness of the candidates, make an appointment from the three certified names
so certified: Provided, That should he make objection if
the appointing officer objects, to the commission, to one or more of these
individuals, for any of the reasons stated in §8-15-19 of this code, and should
such the objection be is sustained by the commission,
after a public hearing along the lines of the hearing provided for in §8-15-19
of this code, if any such a hearing is requested, the commission
shall thereupon strike the name of any such the individual
from the eligible list, and certify the next highest name for each individual so
stricken. As each subsequent vacancy occurs, in the same or another position,
precisely the same procedure shall be followed: Provided, however, That
after any name has been rejected three times rejected for the
same or another position in favor of a name or names below it on the same list,
the said name shall be stricken from the list. When there are a number
of positions of the same kind to be filled at the same time, each appointment
shall, nevertheless, be made separately and in accordance with the foregoing
provisions of this section. When an appointment is made under the
provisions of this section it shall be, in the first instance, for the
probationary period of six months, as provided in §8-15-16 of this code: Provided
further, That in the event any position as an electrician or mechanic is to
be filled in any paid fire department, then the examinations to be given to
applicants for either position shall be so drawn as to test only
the qualifications of such the applicants in regard to their
ability as electricians or mechanics, such the examinations to be
special examinations.
(b) If there are not enough eligible applicants to certify a list of three, then the appointing officer may appoint a qualified individual to fill the position.
Adopted
Rejected