Clarifying the sheriff’s authority to hire within their office., the official text

WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

           House Bill 4561

        BY DELEGATES BROOKS, ROOP, PRITT, GREEN, AND
                                    MARTIN

         [Passed March 10, 2026; in effect 90 days from
                         passage (June 8, 2026)]
   Enr HB 4561

1 AN ACT to amend and reenact §7-14-13 of the Code of West Virginia, 1931, as amended, relating

2  to clarifying a sheriff's authority to hire within their own office.

   Be it enacted by the Legislature of West Virginia:

   ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.

   §7-14-13. Vacancies filled by promotions; eligibility for promotion; rights of chief deputy.

1  Vacancies in positions of deputy sheriff shall be filled, so far as practicable, by promotion

2 from among persons holding positions in the next lower grade. Promotions shall be based upon

3 merit and fitness, to be ascertained by competitive examinations to be provided by the civil service

4 commission, and upon the superior qualifications of the persons promoted, as shown by their

5 previous service and experience: Provided, That, except for chief deputy or jailer, no person shall

6 be eligible for promotion from the lower grade to the next higher grade until such person shall

7 have completed at least two years' service in the next lower grade: Provided, however, That

8 notwithstanding the provisions of §7-14-1 of this code, any person occupying the office of chief

9 deputy or any deputy sheriff occupying the office of jailer pursuant to the provisions of §7-8-2 of

10 this code in any such county on the effective date of this article, or thereafter appointed to such

11 office, shall, except as hereinafter provided in this section, be and shall continue to be entitled to

12 all of the rights and benefits of the provisions of this article, except that he or she may be removed

13 from such office of chief deputy or jailer without cause and the time spent by such person in the

14 office of such chief deputy or jailer shall be added to the time, if any, served by such person during

15 the entire time he or she was a deputy sheriff of such county prior to his or her appointment as

16 chief deputy or jailer, and shall in all cases of removal, except for removal for just cause, retain

17 the regular rank within said sheriff’s office which he or she held, if any, at the time of his or her

18 appointment to the office of chief deputy or jailer or which he or she has attained, if any, during

19 his or her term of service as chief deputy or jailer. The sheriff may have and appoint more than

20 one chief deputy by and with the advice and consent of the county commission, pursuant to the

21 provisions of §7-7-7 of this code. The provisions of this section shall be construed to apply and to

                1
        Enr HB 4561
22 inure to the benefit of all persons who have ever been subject to the provisions of this article. The
23 commission shall have the power to determine in each instance whether an increase in salary
24 constitutes a promotion.

                                                                        2
Enr HB 4561
              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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