(a) The City of Mannington Standing Police Hearing Board (“Hearing Board”) is hereby established as authorized by and consistent with the provisions of West Virginia Code §8- 14A-1 (4)(b).
(b) To the extent not inconsistent with this section, the provisions, including definitions and procedures, set forth in said West Virginia Code §8-14A-1 are incorporated into this section as if set forth fully herein.
(c) The members of the Hearing Board shall be appointed in the following manner:
(1) The Chief of Police shall appoint the first member;
(2) The local fraternal order of police shall appoint the second member (or the State fraternal order of police shall appoint if there is not a local organization); and
(3) The local businessmen’s association shall appoint the third member (if there is no local businessmen’s association, then the first and second members shall appoint the third member by agreement).
(d) The original members of the Hearing Board shall serve the following terms:
(1) The first member shall serve for six (6) years from the date of his or her appointment;
(2) The second member shall serve for four (4) years from the date of his or her appointment.
(3) The third member shall serve for two (2) years from the date of his or her appointment.
(e) After the original appointments, all appointments shall be for four (4) year terms by the appointing authority designated in subsection (c) hereof.
(f) If a member leaves the Hearing Board prior to the conclusion of his or her term because of death, resignation, final removal, or other cause, a new member shall be appointed in the following manner:
(1) The appointing authority who appointed the ex-member shall appoint the new member;
(2) This appointment shall occur within thirty (30) days of the date the ex- member ceased to be a member.
(g) Once the Hearing Board is established, the three members shall select one of their number to act as president of the Hearing Board for the term of one year.
(h) A member of the Hearing Board shall be recused from participation in an accused officer’s hearing for the following reasons:
(1) The member had a part in the investigation or interrogation of the accused officer;
(2) The member is related by consanguinity or affinity to the accused officer.
(i) In the event that a member of the Hearing Board is recused, then the appointing authority who appointed the recused member shall appoint the new member for the sole purpose of the accused officer’s hearing.
(j) No member of the Hearing Board shall be allowed to hold any other office (other than the office of notary public) under the United States, the State of West Virginia, or any municipality, county, or other political subdivision thereof.
(k) No member of the Hearing Board shall be allowed to serve on any political committee or take any active part in the management of any political campaign.
(l) Members may be removed from the Hearing Board in the following manner:
(1) Removal by the Mayor.
A. The Mayor may, at any time, remove a member for good cause:
B. The Mayor shall state the grounds for the removal in writing and the writing shall be made a part of the records of the Hearing Board;
C. Within ten (100 days of the removal, the Mayor shall file in the Marion County Circuit Clerk’s office a petition setting forth in full the reason for the removal and seeking the Marion County Circuit Court’s confirmation of the Mayor’s removal of the member;
D. If the Mayor fails to file the petition with the Marion County Circuit Court’s office within ten (10) days, s provided in the section, then the removed member shall immediately resume his or her position as a member of the Hearing Board.
E. At the same time as the filing with the Marion County Circuit Clerk’s office, the Mayor shall file a copy of the petition with the removed member;
F. The petition shall have precedence on the Marion County Circuit Court’s docket and shall be heard as soon as practicable on the request of the removed member;
G. All rights vested in the Marion County Circuit Court in reviewing the petition may be exercised by the judge in vacation in accordance with W.Va. Code §8-14A-1(4)(d);
H. The removed member shall remain removed until a hearing is held on the petition;
I. Any party adversely affected by the Marion County Circuit Court’s decision shall have the right for review by the West Virginia Supreme Court of Appeals as in other civil actions;
(2) Removal by a Resident.
A. Any resident of the City of Mannington shall have the right at any time to seek the removal of any member of the Hearing Board;
B. The resident shall file a petition with the Marion County Circuit Clerk’s office and the member sought to be removed;
C. The Marion County Circuit Court shall hear the petition in the same manner as other civil proceedings in circuit courts of West Virginia are heard;
D. Any part adversely affected by the Marion County Circuit Court’s decision shall have the right by the West Virginia Supreme Court of Appeals as in other civil actions.
(Ord. 345. Passed 4-2-01.)