H. B. 4661
(By Delegates Hutchins (By Request) and Klempa (By Request)
)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-14-11 of the Code of West Virginia,
1931, as amended, eliminating civil service protection for
probationary law-enforcement officers.
Be it enacted by the Legislature of West Virginia:
That §8-14-11 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; 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.
§8-14-11. Rules and regulations for all examinations; probationary
appointments.
The policemen's civil service commission in each Class I and
Class II city shall make rules and regulations providing for both
competitive and medical examinations for appointments and
promotions to all positions in the paid police department in such
city, and for such other matters as are necessary to carry out the purposes of the civil service provisions of this article. Any such
commission shall have the power and authority to require by rules
and regulations a physical fitness examination as a part of its
competitive examination or as a part of its medical examination:
Provided, That after the thirtieth day of June, one thousand nine
hundred eighty-one, the medical requirements for appointment to all
positions in the paid police department in such city shall include,
but not be limited to, the medical requirements stated in section
sixteen, article twenty-two of this chapter. Due notice of the
contents of all such rules and regulations and of any modifications
thereof shall be given, by mail, in due season, to the appointing
officer; and said rules and regulations and any modifications
thereof shall also be printed for public distribution. All
original appointments to any positions in a paid police department
subject to the civil service provisions of this article shall be
for a probationary period of one year:
Provided, That at any time
during the probationary period the probationer may be discharged
for just cause
, in the manner provided in section twenty of this
article. If, at the close of this probationary term, the conduct
or capacity of the probationer has not been satisfactory to the
appointing officer, the probationer shall be notified, in writing,
that he will not receive absolute appointment, whereupon his
employment shall cease; otherwise, his retention in the service
shall be equivalent to his final appointment.
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