Commission tables revision to drug and prescription-use eligibility rules for deputy hires

BERKELEY COUNTY, W.Va. — The Berkeley County Civil Service Commission on Thursday discussed proposed edits to its rules and regulations that would change how drug use and prescription medication misuse affect eligibility for deputy sheriff applicants, but commissioners tabled final approval to allow further review.

Why it matters: The revisions would affect whether candidates with prior drug or prescription medication histories are considered eligible for appointment, and commissioners said clearer definitions are needed to avoid excluding potentially qualified candidates or creating inconsistent outcomes.

What the proposal would change Commission staff and members reported the rules committee recommended simplifying a multi-part section. The proposal under discussion would: - Require that "an applicant for the position of deputy sheriff must be clean and sober from alcohol and any and all illegal substances." - Establish a 36-month limited-use rule for marijuana ("no more than three uses in the last three years" was discussed as the committee's working definition of "limited use"). - Replace the prior separate lists of drugs with a single list of disqualifying substances (LSD, PCP, methadone, heroin, cocaine, methamphetamines/amphetamines and ecstasy) while recognizing the difficulty of keeping a fixed list up to date. - Clarify that misuse of prescription medication "not in accordance with a valid medical prescription" would not automatically disqualify an applicant and would be evaluated case by case, reportedly with input from the sheriff's office.

Discussion and reason for tabling Commissioners, chief staff and a representative of the Deputy Sheriffs Association debated how to define "habitual use" and "misuse." Several participants urged against setting an arbitrary numeric threshold because courts often evaluate these matters case by case; others favored a clearer threshold to reduce monthly appeals. The commission's rules committee planned to meet again and asked staff to present a cleaner, complete draft. A motion to table further action on the section carried.

Voices at the meeting Jody Strickler, president of the Deputy Sheriffs Association, told commissioners the association had not reviewed the specific draft but had previously provided recommendations to the commission and the sheriff's office. Commissioners and staff expressed concern about inadvertently excluding qualified candidates and about the administrative burden of monthly hearings.

What happens next The commission will return the section to its rules committee for additional drafting and to prepare unified language addressing "habitual use" and prescription-misuse definitions. Staff said they will bring a revised draft to the commission at a future meeting; a special rules meeting was discussed.

Ending Commissioners tabled the rules changes for additional review. They emphasized the goal of setting clear, enforceable standards that protect public safety while giving the sheriff's office discretion to assess candidates on individual circumstances.