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The Firefighter’s Civil Service Commission existing immediately prior to the effective date of this Code is hereby continued, in full force and effect, and all of the pertinent provisions of W. Va. Code 8- 15-11 to 8-l5-27, inclusive, are hereby adopted by the Common Council and made applicable to the regular members of the Fire Department who are paid on a full-time basis from city funds, and to applicant for such regular membership. The office of Fire Chief and Assistant Fire Chief shall be covered by the civil service provisions of W. Va. Code Ch. 8, Art. 15.
(Prior Code, § 11-38) (Ord. passed 4-10-1974)
All regularly employed firefighters of the city duly qualified under the W. Va. Code 8-15, shall be entitled to one day of sick leave per months cumulative, to a total of 12 days per calendar year. If such 12 days are not used in any calendar year, they are not cumulative in any other calendar year. Before a firefighter is entitled to sick leave, he or she shall first notify the Fire Chief of his or her illness or injury as soon as reasonably practicable, and shall thereafter produce a physician’s certificate; for illness of more than three days duration, to both the Fire Chief and the Mayor, of his or her illness or injury. The Fire Chief shall likewise be entitled to the same sick pay benefits as are accorded to other members of the Fire Department.
(Prior Code, § 11-38.1)
(A) It shall be the duty of the Fire Chief to record, in a permanently bound book open to the inspection of the Mayor and Common Council, the sick leave time granted to members of the force, and the day, month, and year in which the same was granted.
(B) The Fire Chief shall further record the vacation time granted to members of the force and the day, month, and year in which the same was granted.
(Prior Code, § 11-38.2)
FIREFIGHTER’S PENSION AND RELIEF FUND
(A) The Common Council deems it necessary that a Firefighter’s Pension and Relief Fund for the paid members of the Fire Department be established and maintained.
(B) The Firefighter’s Pension and Relief Fund shall be administered and distributed by a Board of Trustees.
(Prior Code, § 11-39)
Statutory reference:
As to duty of Common Council to levy annual tax for fund, see W. Va. Code 8-22-19
Municipal firefighter’s pension and relief funds, see W. Va. Code 8-22-16 to 8-22-28
The governing board of the Firefighter’s Pension and Relief Fund shall be a Board of Trustees which is hereby created, and which, as provided by statute, shall be a corporation by the name or style of “the Board of Trustees of the Firefighter’s Pension and Relief Fund of the City of Weston”, by which name it may sue and be sued, plead and be impleaded, contract and be contracted with, and take and hold real estate and personal property for the use of such Firefighter’s Pension and Relief Fund; have and use a common seal but in the absence of such seal, the private seal of the president of such corporation shall be equivalent to such common seal. Such Board of Trustees may also, in their corporate limits, do and perform any and all other acts and business pertaining to the trust hereby created, or in connection with any conveyance, gift, devise, or donation made for the uses and purposes of the Board.
(Prior Code, § 11-40)
Statutory reference:
Related provisions, see W. Va. Code 8-22-17
(A) The Board of Trustees of the Firefighter’s Pension and Relief Fund (hereinafter in this division referred to as “the Board of Trustees” or “the Board”) shall consist of the Mayor and four paid members of the Fire Department, and such paid members shall serve for a term of four years each and until their successors are duly elected and qualified. One paid member of the Fire Department shall be elected annually upon the second Monday in April, 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 Fire 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. 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 Fire Department annually during the month of March.
(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, § 11-41)
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