To allow for the reinstatement of retired Deputy Sheriffs to their former departments.
Summary
HB2679 amends West Virginia law governing civil service rules for deputy sheriffs, with a focus on reinstatement after resignation. The bill keeps the existing application requirements for deputy sheriff candidates, including age, residency, health, and background information, but revises the reinstatement provision for former deputies who previously served more than six months. Under the bill, a former deputy sheriff may be considered for reinstatement by the sheriff if there are no pending misconduct charges, the person applies within five years of resignation, lives in the same county as the original appointment, and passes medical and psychological examinations.
The bill also clarifies that reinstatement is discretionary with the sheriff and that the civil service commission may reinstate the applicant without a competitive examination if it chooses. If reinstated, the deputy would return at the lowest rank above probationers in the sheriff’s office. In practical terms, the bill creates a clearer pathway for former deputies to return to service while preserving local control over hiring and placement decisions.
Impact
The bill amends §7-14-8 of the West Virginia Code, changing the rules for reinstating former deputy sheriffs and extending the reinstatement window from two years to five years after resignation. It affects county civil service commissions, sheriffs, and former deputy sheriffs seeking to return to their former departments, while leaving the broader application and qualification framework for deputy sheriff appointments in place. The measure does not create a mandatory right to reinstatement; it preserves sheriff discretion and allows, but does not require, reinstatement without a competitive exam.
Sentiment
The available voting history suggests strong support for the bill, as it passed the House unanimously 92-0. The caption and text indicate the bill is intended to facilitate the return of retired or former deputy sheriffs to their former departments, which appears to have been viewed favorably as a workforce and staffing measure. No committee transcript is available in the provided materials, so the record shows broad legislative agreement rather than documented debate.
Contention
The main policy issue in the bill is the balance between easing reinstatement for former deputy sheriffs and preserving local hiring discretion. The bill makes reinstatement more accessible by extending the application period to five years and allowing reinstatement without a competitive exam, but it also explicitly states that reinstatement remains at the sheriff’s discretion. Another potential point of concern is the residency requirement, which limits reinstatement to applicants living in the same county as the original appointment, and the requirement for medical and psychological clearance. No recorded opposition appears in the provided vote or transcript materials.
Making a supplementary appropriation to the Department of Human Services, Bureau for Medical Services – Policy and Programming and State Board of Education – State Department of Education