HB 4324 — Relating to the employment of individuals by municipal paid fire departments under civil service

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Red = new code to be enacted WEST virginia legislature regular session IntroducedENROLLED House Bill 4324 By Delegates Howell, Statler, Hill, Martin, Butler, Shott, Moore, Criss, Paynter, Foster and Pack [Introduced[Passed JanuaryMarch 26,10, 2018;

Referredin toeffect theninety Committeedays onfrom Firepassage.] DepartmentsAN andACT Emergency Medical Services then the Judiciary.] A BILL to amend and reenact §8-15-17 and §8-15-20 of the Code of West Virginia,1931, as amended, all relating to the employment of individuals by municipal paid fire departments under civil service;

(1) His or her full name, residenceresidence, and post-office address;

(2) His or her United States citizenship, ageage, and the place and date of his or her birth;

and (5) Any other information as may reasonably be required, touching upon the applicant's qualifications and fitness for the public service.

(c) The commission may require, in connection with the application, certificates of citizens, physiciansphysicians, and others, having pertinent knowledge concerning the applicant, as the good of the service mayrequires. require.

(d) Except as provided in subsections (e) and (f) of this section, nothe 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,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,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,examination. but the applicant shall undergo a medical examination;

andThe ifapplicant the individual shall beundergo isa somedical appointedexamination; 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)and Ifif anthe individual is presentlyso employedappointed by onereinstatement to the paid fire departmentdepartment, andhe isor overshe theshall agebe ofthe thirty-five,lowest hein orrank shein maythe makedepartment annext applicationabove tothe anotherprobationers paidof firethe department if: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:

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 canmay not be transferred to the West Virginia Municipal Police Officers and Firefighters Retirement System;

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 canmay 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.

(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 mayare not be entitled to seniority considerations.

(h) AnyNotwithstanding applicantcharter forprovisions original appointment must have been a resident for one year, during some period of time prior to the datecontrary, ofany hisapplicant orfor heroriginal applicationappointment 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 eligibles;eligible applicants;

(a) Every position, unless filled by promotion, reinstatementreinstatement, 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 eligible applicantsapplicants. from the eligible list, the name of the three individuals thereon 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 appointingcommission officershall shall,immediately thereupon,certify, withfrom solethe referenceeligible tolist, the relativenames meritof andthe fitnessthree ofindividuals on the candidates,eligible makelist anwho appointmentreceived fromthe highest averages at preceding competitive examinations held under the civil service provisions of this article within a period of three namesyears sonext certified:preceding the date of the prospective appointment.

Provided,The That should he the appointing officer makeshall, objection,with tosole thereference commission, to one or more of these individuals, for any of the reasonsrelative statedmerit in section nineteen of this article, and shouldfitness such objection be sustained by the commission, after a public hearing along the lines of the hearingcandidates, providedmake foran inappointment §8-15-19 of this code, if any such hearing is requested, the commission shall thereupon strike the name of any such individual from the eligiblethree list,certified andnames: certify the next highest name for each individual so stricken.

Provided, That 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 the objection 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 a hearing is requested, the commission shall strike the name of the individual from the eligible list, and certify the next highest name for each individual stricken.

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 foregoingprovisions provisions.of this section.

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 suchthe applicants in regard to their ability as electricians or mechanics, suchthe 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.

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The purpose of this bill is to provide that the employment of individuals by municipal paid fire departments under civil service 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;

and that 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.

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

Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.