WEST VIRGINIA LEGISLATURE

2024 REGULAR SESSION

Introduced

House Bill 5122

By Delegates Hillenbrand, Ward, Adkins, Petitto, Brooks, Gearheart, Ridenour, Fast, Fehrenbacher, Foggin, and Heckert

[Introduced January 25, 2024; Referred to the Committee on the Judiciary]

A BILL to amend and reenact §7-14-8 of the Code of West Virginia, 1931, as amended, relating to civil service for deputy sheriffs; form of application; and age requirements.

Be it enacted by the Legislature of West Virginia:

ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.

§7-14-8. Form of application; age requirements; exceptions.

The civil service commission in each such county shall require persons applying for admission to any competitive examination provided for under this article or under the rules and regulations of the commission to file in its office, within a reasonable time prior to the proposed competitive examination, a formal application in which the applicant shall state under oath or affirmation the applicant's:

(1) His or her full 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 health Health and his or her physical capacity for the position of deputy sheriff;

(4) His or her business Business, employments and residences for at least three previous years; and

(5) Such other information as may reasonably be required, relative to the applicant's qualifications and fitness for the position of deputy sheriff.

Blank forms for such applications shall be furnished by the commission, without charge, to all persons requesting the same. The commission may require, in connection with the application, such certificates of citizens, physicians or others, having pertinent knowledge concerning the applicant, as the good of the service may require.

No application for original appointment shall be received on and after the effective date of this article, if the person applying is less than 18 years of age or more than forty-five years of age at the date of his or her application. : Provided, That in the event any Any applicant who formerly served as a deputy sheriff for a period of more than six months in the county to which the he or she application is made, and resigned as a deputy sheriff at a time when there were no charges of misconduct or other misfeasance pending against him or her the applicant, within a period of two years next preceding the date of his or her the application, and at the time of his or her application resides within the county in which he or she seeks appointment by reinstatement, then such applicant shall be is eligible for appointment by reinstatement in the discretion of the sheriff, subject to applicant’s right to appeal to the civil service commission an adverse action by the sheriff, even though such applicant shall be over the age of forty-five years: Provided, That he or she the applicant is not 65 years of age or over. , and such The applicant, providing his or her the former term of service as a deputy sheriff so justifies, may be reappointed by reinstatement without a competitive examination, but such the applicant shall undergo a medical examination; and if such the applicant shall be is so appointed by reinstatement as aforesaid, the applicant shall be the lowest in rank in the sheriff's office next above the probationers of the office.

NOTE: The purpose of this bill is to clarify the age requirement of becoming a deputy sheriff.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.