Civil service commission strikes three applicants, schedules multiple promotional exams

BERKELEY COUNTY, W.Va. — The Berkeley County Civil Service Commission voted Thursday to remove three applicants from its eligibility list for deputy sheriff candidates after each failed to respond to certified notices, and it set dates for multiple upcoming promotional exams as the sheriff's office works to fill seven vacancies.

The removals followed written requests from the Berkeley County Sheriff's Office asking that the applicants'names be stricken. The commission's action followed certified mail deadlines the office set; the commission removed Joshua Yannick, Anthony DeMartino and Austin Kirschner after staff reported each had not timely returned the form indicating whether they sought a public hearing. The commission approved the removals by voice vote.

Why it matters: The commission's decisions narrow the active eligibility list at a time the sheriff's office reported seven open deputy positions. Commissioners and staff discussed the statutory requirement that appointing authorities be certified three names at a time under West Virginia Code and whether that process can be accelerated when multiple openings exist.

Most important facts - The commission voted to remove Joshua Yannick (removed under issue 2025-0016), Anthony DeMartino (2025-0021) and Austin Kirschner (2025-0024) after each missed the deadline stated in certified letters sent by the commission office. Staff said the letters stated failure to reply by the stated deadline would be deemed a waiver of the right to a public hearing. - The commission closed a promotional item after Chief Tom Young notified the commission that Corporal Nathaniel Chronister accepted promotion to sergeant; staff said Chronister's acceptance followed final verification and that the promotion was effective May 12, 2025. - The commission scheduled a series of promotional examinations: multiple rank promotion tests were set for May 30, 2025 at 9 a.m. (training room, Berkeley County Sheriff's Office); some candidates unavailable for May 30 were given an alternate date of June 2, 2025 at 9 a.m.; a promotional exam for corporal was scheduled for June 16, 2025, after staff verified classroom availability.

Statute and process discussion Commissioners and staff reviewed West Virginia statutory provisions governing certification of names. A staff reading of W.Va. Code 7-14-11 (certification procedure) led the group to conclude the county must certify three names for each appointment and provide the statutorily required hearing opportunity before certifying additional names. Commissioners pushed back on how the rule affects filling multiple vacancies at once but concluded the commission's hands are constrained by the statute as currently written.

Background and supporting details - Staff said the removals followed letters from Chief Tom Young requesting names be stricken; the commission's staff sent certified notices that provided a deadline (typically five business days from mailing) and explained that failure to respond would waive the right to a public hearing. - For the sergeant promotion item, staff said only two corporals took the promotional exam and that final ranking separated the two candidates by 0.3 points; after the West Virginia Division of Personnel sent scores and the commission verified results, Chief Young notified the commission that Chronister accepted the promotion. - For captain, lieutenant and corporal promotional items, staff reported which incumbents were eligible and noted several deputies and a lieutenant were unavailable for the May 30 test because of mandatory training.

What commissioners said Commissioners and staff repeatedly discussed the operational impact of the three-name certification rule when multiple vacancies exist. A county staff member read the statute aloud and said the language requires separate appointment procedures even when several positions are open at once.

What happens next The commission will proceed with the scheduled exams. If a removed applicant successfully requests a hearing and the commission reinstates that name, the process for certification would follow the statutory sequence described in W.Va. Code 7-14-11. The sheriff's office will continue background investigations on the next eligible names once certification procedures permit.

Ending Commissioners closed the three removal items by voice vote and set the promotional exam calendar to accommodate both the division of personnel's timelines and the sheriff's mandatory-training conflicts. The commission noted it will follow the statutory steps for certification and public hearing rights as vacancies are filled.