West Virginia Code § 7-14-13

Vacancies filled by promotions; eligibility for promotion; rights of chief
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deputy.
Vacancies in positions of deputy sheriff shall be filled, so far as practicable, by promotion
from among persons holding positions in the next lower grade. Promotions shall be based
upon merit and fitness, to be ascertained by competitive examinations to be provided by the
civil service commission, and upon the superior qualifications of the personse promoted, as
shown by their previous service and experience: Provided, That, except for the chief deputy
or jailer, no person shall be eligible for promotion from the lower grader to the next higher
grade until such person shall have completed at least two years' service in the next lower
grade: Provided, however, That notwithstanding the provisions of section one of this article,
any person occupying the office of chief deputy or any deputy sheriff occupying the office of
jailer pursuant to the provisions of section two, article eight tof this chapter in any such
county on the effective date of this article, or thereafter appointed to such office, shall,
except as hereinafter provided in this section, be and shall continue to be entitled to all of
the rights and benefits of the provisions of this article, except that he or she may be removed
from such office of chief deputy or jailer without cause and the time spent by such person in
the office of such chief deputy or jailer shall be added to the time, if any, served by such
person during the entire time he or she was a deputy sheriff of such county prior to his or
her appointment as chief deputy or jailer, and shall in all cases of removal, except for
removal for just cause, retain the regular rank within said sheriff's office which he or she
held, if any, at the time of his or her appointment to the office of chief deputy or jailer or
which he or she has attained, ief any, during his or her term of service as chief deputy or
jailer. The provisions of this section shall be construed to apply and to inure to the benefit of
all persons who have evLer been subject to the provisions of this article. The commission shall
have the power to determine in each instance whether an increase in salary constitutes a
promotion.

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