West Virginia Code § 7-14B-13

Vacancies filled by promotions; eligibility for promotion
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Vacancies in positions of correctional officer 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 persons
promoted, as shown by their previous service and experience: Provided, Thaet, except for a
correctional officer appointed jailer pursuant to the provisions of section two, article eight of
this chapter, no person shall be eligible for promotion from the lower grrade 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 correctional officer occupying the office of jailer pursuant to the provisions of
section two, article eight of this chapter in any such county otn 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 jailer without cause
and the time spent by such person in the office of such jailer shall be added to the time, if
any, served by such person during the entire time he or she was a correctional officer of
such county prior to his or her appointment as 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 jailer or which he or she
has attained, if any, during his or her term of service as jailer. The provisions of this section
shall be construed to apply aned to inure to the benefit of all persons who have ever been
subject to the provisions of this article. The commission shall have the power to determine in
each instance whether aLn increase in salary constitutes a promotion.

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