SB 185 — Allowing appointment of more than one chief deputy by sheriff

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 185 ByBY SenatorSENATOHELTON Helton[Reported [IntroducedFebruary January13, 14,2026, 2026;from the Committee on the Judiciary] CS for SB 185 A BILL to amend and reenact §7-14-1, §7-14-2, and §7-14-13 of the Code of West Virginia, 1931, as amended, relating to appointment of more than one chief deputy by the sheriff;

referred to the Committee on the Judiciary] Intr SB 185 2026R2016 A BILL to amend and reenactproviding §6-3-1a ofdefinition. the Code of West Virginia, 1931, as amended, relating to appointment of more than one chief deputy by the sheriff.

ARTICLE 3.14.

DEPUTYCIVIL OFFICERSSERVICE ANDFOR CONSERVATORSDEPUTY OFSHERIFFS. THE PEACE.

§6-3-1.§7-14-1.

AppointmentAppointments of deputies and localpromotions conservators of thedeputy peace;sheriffs.

powersNotwithstanding the provisions of article three, chapter six, and duties;article seven, chapter seven §6-3-1 et seq.

compensation;and §7-7-1 et seq.

vacatingof appointmentthis code, the sheriff shall make all appointments and promotions of full-time deputy sheriff;sheriffs 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.

removalOn and after the effective date of conservators.this article, no person except the a chief deputy shall be appointed, promoted, reinstated, removed, discharged, suspended, or reduced in rank or pay as a full-time deputy sheriff, as defined in said section two§7-14-2 of this code, of any county in the State of West Virginia subject to the provisions hereof of this code, in any manner or by any means other than those prescribed in this article.

(a)§7-14-2. (1) The clerk of the Supreme Court of Appeals, or of any circuit, criminal, common pleas, intermediate or county court commission, or of any tribunal established by law in lieu thereof, may, with the consent of the court, or such tribunal, duly entered of record, appoint any person or persons his or her deputy or deputies.

(2)Definitions; A sheriff, surveyor of lands, or assessor may, with the consent of the county court commission duly entered of record, appoint any person or persons his or her deputy or deputies:

Provided,population. That the sheriff may have and appoint more than one chief deputy by and with the consent of the county commission.

(3)(a) AFor sheriff, when in the opinionpurpose of thethis judgearticle: of the circuit court the public interest requires it, may, with the assent of said court the commission, duly entered of record, appoint any person or persons his or her deputy or deputies to perform any temporary service or duty.

(4)(1) Each"Appointing deputyofficer" so appointed shall take the same oath of office required of his or her"appointing principal,sheriff" andshall may,mean duringmeans histhe orsheriff her continuance in office, perform and discharge any of the officialcounty duties of his or her principal, and any default or misfeasance in officewhich of the deputyappointment shallof constitute a breachdeputy ofsheriff theshall conditionsbe ofis themade officialpursuant bondto ofthis hisarticle; or her principal.

(5)“Chief Adeputy” sheriffmeans inpersons anyappointed countyby inthe whichsheriff, theresubject areto morethe thanadvice fourand deputiesconsent shallof devotethe hiscounty orcommission, herwho fullare time to theassist performance of the servicessheriff orin dutiessupervising requiredgeneral by law ofenforcement, suchwho have the sheriff,same andauthorities heprovided theby sherifflaw shallto maydeputy notsheriffs, receiveand anywho compensationare ornot reimbursement,subject directlyto orthe indirectly,civil fromservice anyrequirements person,except firmas orprovided corporationin for§7-14-13 the performance of anythis privatecode. or public services or duties:

Provided,This Thatdefinition anydoes suchnot sherifflimit may retain or make any investment and receive income therefrom, Intr SB 185 2026R2016 unless such the investmentnumber is otherwise prohibited by law or will impair his or her independence of judgmentpersons inthat thea exercisesheriff of,can orappoint might reasonably tend to conflictthe withposition theof properchief dischargedeputy of,if the servicescounty orcommission dutiesapproves of histhe orappointment. her office.

ACS sherifffor inSB any185 county(2) in"Deputy whichsheriffs" thereor are"deputies" fourshall ormean fewermeans deputies,persons orappointed by a deputy sheriff inas anyhis countyor irrespectiveher ofdeputies thewhose numberprimary ofduties deputies,as needsuch notdeputies devoteare hiswithin orthe herscope fullof timeactive, togeneral thelaw servicesenforcement orand dutiesas ofsuch hiswho orare herauthorized officeto ascarry sheriffdeadly orweapons, hispatrol orthe herhighways, employmentperform aspolice deputyfunctions, sheriff,make asarrests, theor casesafeguard mayprisoners. be;

butThis anydefinition such sheriff or deputy sheriff shall may not engagebe inconstrued anyto businessinclude orany transaction,person accept other employment or makepersons anywhose investmentsole whichduties isshall otherwisebe prohibitedthe byservice lawof orcivil whichprocess willand impairsubpoenas hisas orprovided herin independencesection offourteen, judgmentarticle inone, thechapter exercisefifty of,§50-1-14 orof mightthis reasonablycode, tendbut tosuch conflictexclusion withshall thenot properpreclude discharge of, the servicesservice or duties of hiscivil orprocess her office as sheriff or hissubpoenas orby her employment as deputy sheriff,sheriffs ascovered by the caseprovisions mayof be.this article.

A(b) sheriffFor andthe hispurpose orof herthis deputiesarticle, inpopulation anyshall county,be irrespectiveis ofdetermined theby numberreference ofto deputies,the shalllast maypreceding receivecensus fortaken under the performanceauthority of theirthe publicUnited servicesStates and duties no compensation or remuneration except such as may be regularly provided and paid out of public funds to the amountLegislature andof inWest theVirginia. manner provided by law.

No§7-14-13. sheriff or deputy sheriff in any county, irrespective of the number of deputies, may receive, directly or indirectly, any gift or donation from any person, firm or corporation.

(6)Vacancies Exceptfilled as hereinafter expressly provided by subsectionpromotions; (b) of this section no sheriff shall may appoint or continue the appointment of any deputy contrary to the provisions hereof.

Anyeligibility sherifffor orpromotion; deputy sheriff who shall violate violates any of the provisions of this section shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or confined in jail not to exceed one year, or both, in the discretion of the court fined and confined.

(7)rights Circuit courts shall may have jurisdiction in equity and mandamus, and the Supreme Court of Appealschief shalldeputy. may have jurisdiction in mandamus, upon the filing of a petition by the prosecuting attorney, the Attorney General, or any three or more citizens of the county, to require any sheriff and the county court commission to vacate the appointment of any deputy, the appointment of which is made or continued in violation of the provisions hereof.

AnyVacancies suchin Intrpositions SBof 185deputy 2026R2016sheriff proceedingshall may be institutedfilled, andso prosecutedfar byas thepracticable, Attorneyby Generalpromotion eitherfrom inamong thepersons circuitholding courtpositions of Kanawha county or in the countynext forlower whichgrade. such the appointment was made.

(b)Promotions (1)shall Anybe residentbased orupon groupmerit ofand residentsfitness, ofto anybe unincorporatedascertained community,by ascompetitive hereinafterexaminations defined,to maybe petitionprovided theby sheriff for the appointmentcivil ofservice acommission, local conservator of the peace and suchupon the sheriff,superior whenqualifications in his or her opinion the public interests require it, may with the assent of said county court the commission and the judge of the circuit court duly entered of record, either in term or vacation of any such court, appoint any person or persons apromoted, localas conservatorshown orby conservatorstheir ofprevious theservice peaceand toexperience: perform the duties of a conservator of the peace outside of any incorporated city, town or village.

NoProvided, That, except for the a chief deputy or jailer, no a person shall mayis not be appointedeligible suchfor localpromotion conservatorfrom of the peacelower whograde hasto notthe beennext ahigher bonagrade fideuntil residentsuch andperson taxpayershall ofhave thehe countyor forshe has completed at least onetwo yearyears' priorservice toin histhe ornext herlower appointment.grade:

SuchProvided, Thehowever, localThat conservatornotwithstanding the provisions of section one of this article§7-14- 1 of this code, any person occupying the peaceoffice duringof hischief deputy or herany continuancedeputy sheriff occupying the office of jailer pursuant to the provisions of section two, article eight of this chapter §7-8-2 of this code in any such the county on the effective date of this article, or thereafter appointed to such office, shall, except as hereinafter provided in this section, be and shall continue to be entitled to all of the rights and benefits of the provisions of this article, except that he or she may performbe removed from such the office of chief deputy or jailer without cause and dischargethe anytime spent by such CS for SB 185 that person in the office of such chief deputy or jailer shall be added to the officialtime, dutiesif any, served by such that person during the entire time he or she was a deputy sheriff of such the sheriff,county subjectprior neverthelessto his or her appointment as chief deputy or jailer, and shall in all cases of removal, except for removal for just cause, retain the regular rank within said the sheriff's office which he or she held, if any, at the time of his or her appointment to the provisionsoffice of thischief section.deputy or jailer or which he or she has attained, if any, during his or her term of service as chief deputy or jailer.

NoThe localprovisions conservatorof sothis appointedsection shall may be subjectconstrued to theapply direction or control of any person other than his or her principal and heto orinure sheto shall may not perform any services or duties, either private or public, except the dutiesbenefit requiredof byall lawpersons ofwho conservatorshave ofever thebeen peacesubject pursuant to the provisions hereof,of forthis anyarticle. person, firm, or corporation.

NoThe suchcommission local conservator shall mayhave be entitled to collect or receive any fees provided by law to be paid to the sheriffpower ormay to adetermine deputyin sheriff,each butinstance allwhether feesan providedincrease byin lawsalary forconstitutes thea sheriff,promotion. when such duties and services are rendered by such the local conservator, shall be paid to the sheriff as regular collections of the sheriff's office.

The local conservator shall be paid for the public services performed by him or her a salary of not less than $75 per month out of the county treasury from a fund to be paid into such the treasury by a resident or the residents of the community for which he or she is appointed, for the sole purpose of compensating such the local conservator or conservators and no such local conservator shall may receive any other compensation, directly or indirectly, from any person, firm, or corporation, for any private or public service, except the salary payable to him or her for his or her public services and duties and from such fund, except that he or Intr SB 185 2026R2016 she shall be entitled to witness and mileage fees when a witness in a court of record.

Each local conservator so appointed shall take the same oath of office required of his or her principal and any default or misfeasance in the office of such the local conservator shall constitute constitutes a breach of the conditions of the official bond of his or her principal.

(2) When the sheriff shall have has been petitioned for the appointment of a local conservator and has determined that the appointment is proper, he or she shall select the person whom he or she proposes to have appointed such conservator and shall notify the county court commission of the community for which such the conservator is to be appointed and the name of the person proposed for such that appointment.

The county court commission shall thereupon cause notice that the sheriff has recommended the appointment of the person named as conservator for the community named to be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code, and the publication area for such publication shall be the county.

The notice shall designate a day not less than five days after the date of the last publication when the county court commission will act upon the petition and recommendation.

Neither the county court commission nor the judge of the circuit court shall may assent and approve the appointment of such the local conservator until such the publication has been made.

The costs of the publication shall be paid by the person or persons petitioning for the appointment of the conservator.

No local conservator shall may be appointed except it be made to appear to the satisfaction of the county court commission and the judge of the circuit court that because of the lack of sufficient funds, geographical location of the unincorporated community for which such the conservator is to be appointed, or other good reason, the sheriff and his or her regular deputies and the constables of the county are not sufficient to afford proper local policing of such the community and that the person or persons moving for the appointment of such the local conservator have made satisfactory arrangements to compensate him or her for his or her services as such the local conservator of the peace.

Intr SB 185 2026R2016 (3) Such The local conservator of the peace shall have may exercise all the powers and duties of a regularly appointed deputy sheriff except that he or she shall may not execute any civil process except such process as may be necessary to bring parties before the court in any action at law or suit in equity and subpoenas for witnesses within the unincorporated community for which he or she is appointed and within a distance of one mile outside the boundaries thereof, except as hereinafter expressly provided, but he or she shall may not participate in any strike, unemployment boycott, or other industrial or labor dispute, nor serve any court process of any character relating thereto.

He or she shall act as such the local conservator only in the unincorporated community for which he or she is appointed, and within a distance of one mile from the boundaries thereof as fixed by the county court commission: