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§ 35.22 COMPOSITION OF BOARD OF TRUSTEES; ELECTION, OFFICERS, AND THE LIKE.
   (A)   The Board of Trustees of the Police Officer’s Pension and Relief Fund, (hereinafter in this article referred to as “the Board of Trustees” or “the Board”), shall consist of the Mayor and four paid members of the Police Department, and such paid members shall serve for a term of four years each and until their successors are duly elected and qualified.
      (1)   One paid member of the Police Department shall be elected annually upon the second Monday in February, and all votes cast at such election shall be counted and canvassed by the then existing members of such Board, who after such election shall announce the result, and the paid member of the Police Department receiving the highest number of votes shall be declared to have been elected; and in the case of a tie vote being received by any two paid members for the office of Trustee, such tie vote shall be decided by casting lots, or in any other way which may be agreed upon by the persons for whom such tie vote was cast.
      (2)   The result of such election shall be entered in the record of the proceedings of the Board. In case of vacancy by death, resignation, or otherwise among the paid members so elected, the remaining members shall choose the successor, or successors, until the next annual election at which later time all vacancies shall be filled. The Board shall give due notice of such election to all paid members of the Police Department annually during the month of January.
   (B)   The presiding officer of the Board of Trustees shall be the Mayor, and the Secretary thereof shall be appointed by the Board. It shall be the duty of such Secretary to keep a full and permanent record of all the proceedings of the Board, and the trustees may fix his or her compensation for this work, which shall be paid out of the funds of the Firefighter’s Pension and Relief Fund.
(Prior Code, § 22-11)
§ 35.23 APPLICATION OF STATE LAW.
   The provisions of W. Va. Code 8-22-19 to 8-22-27 shall be applicable to the Police Officer’s Pension and Relief Fund established by this subchapter.
(Prior Code, § 22-12)
§ 35.24 RETIREMENT PLANS/PENSION.
   (A)   The existing pension plans for police officers and firefighters employed by the city are hereby closed to new entrants, in accordance with the authority provided in W. Va. Code 8-22-16(e).
   (B)   The city’s optional method of financing the unfunded actuarial accrued liability of the existing Police Officers’s or Firefighter’s Pension and Relief Fund as provided in W. Va. Code 8-22-20(e).
   (C)   Newly hired police officers or firefighters shall be enrolled in a retirement plan created in W. Va. Code Ch. 8, Art. 22A and approved and administered by the state’s Consolidated Public Retirement Board.
   (D)   All current active members, retirees, and other beneficiaries covered by the existing Police Officer’s or Firefighter’s Pension and Relief Fund shall remain covered by that plan and shall be paid all benefits of that plan in accordance with applicable provisions of the state code.
(Ord. passed 1-5-2015)
POLICE PROTECTION
§ 35.35 RULES AND REGULATIONS FOR THE POLICE DEPARTMENT.
   The rules and regulations for the city’s Police Department be and are hereby adopted as the rules and regulations for the city’s Police Department applicable to all members thereof, except the Chief of Police, an elected official, and in so far as they are not in conflict with any express statute of the state with respect to municipal police officers.
(Ord. passed 2-2-1988)