Berkeley County civil service panel adopts rule changes, removes bonus exam points for previously certified officers

The Berkeley County Deputy Sheriff Civil Service Commission voted April 15 to amend its rules for hiring and probation, adopting two addenda that revise how new deputy sheriffs are evaluated and the length of their probationary period.

Commissioners unanimously approved Addendum RR2026-003, which clarifies that original appointments to deputy sheriff positions carry a 12-month probationary period. Commissioner D. Scott Wilson introduced the change, saying the addendum resolves conflicting language in West Virginia Code sections 7-14-7 and 7-14-11. President Dale Buck called the motion and the Commission approved it by voice vote.

The Commission also adopted Addendum RR2026-004 to remove provisions in the Commission’s rules that awarded additional examination points to applicants identified as “previously certified” law enforcement officers. Wilson presented RR2026-004 and said the Commission’s legal review found the existing bonus-point provisions lacked the broader scoring framework that would be necessary to withstand legal scrutiny. The motion to adopt RR2026-004 passed unanimously.

John Teare, general counsel for the West Virginia Sheriffs Association, told the Commission bonus-point systems remain widely used across the state but agreed the Berkeley County rules as written did not contain the structured scoring framework the county’s counsel recommended. Chief Tom A. Young of the Berkeley County Sheriff’s Office objected to removing the bonus points, arguing the practice had served as a recruiting incentive; Lieutenant William D. Christian, speaking for the Deputy Sheriff’s Association, said the group could help the Commission rewrite rules if desired. Commissioners and counsel discussed whether a legally compliant bonus framework could be developed and agreed that any future system should be reworked with counsel guidance.

President Buck and several commissioners also raised a related question about the scope of the Commission’s continuing jurisdiction after the sheriff makes conditional hiring selections from certified lists. After a motion the Commission briefly entered executive session to discuss legal questions; upon return they authorized obtaining legal guidance to clarify whether the Commission retains oversight authority once the sheriff selects candidates from the certified list of three.

The addenda take effect immediately and will be incorporated into the Commission’s Rules and Regulations and posted on the county website, according to the signed addenda included in the meeting record. The Commission recorded that legal counsel (Patrick Henry and others) and county staff would assist with future redrafting if needed.

The meeting record shows the rule changes were adopted as discrete agenda items and that the Commission intends to seek outside legal advice about hiring-jurisdiction questions before making further procedural changes.