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Police Civil Service Commission

Regular Meeting

Morgantown, WV · June 22, 2022

AgendaMinutes

Minutes

POLICE CIVIL SERVICE COMMISSION City of Morgantown June 22. 2022 4:00 p.m. Public afety Building. Conference Room 300 Spruce treet. Morgantown. WV 26505 PRESENT: President Jerry Summers. Commissioner Kevin Clark. Commissioner Charlie Chico. City Clerk Christine Wade. Deputy City Clerk Heather Carl. First Sergeant Brandon Viola. Start Time: 4: 16 p.m. NEW BUSINESS: A. Public Hearing: Mario Peluso vs Police Civil Service Commission §8-14-14. Refusal to examine or certify; review thereof. The commission may refuse to examine an applicant, or after examination to certify as eligible one, who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position desired; or who is addicted to the habitual use of intoxicating liquors or drugs; or who has been guilty of any crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud, in his application, in any such examination, or in securing his eligibility; or who refuses to comply with the rules and regulations of the commission. If any applicant feels aggrieved by the action of the commission in refusing to examine him, or after examination in refusing to certify him as eligible, the commission shall, at the request of such applicant, appoint a date, time and place for a public hearing; at which time such applicant may appear, by himself or counsel, or both, and the commission shall then review its refusal to make such examination or certification, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the commission shall file in its records the testimony taken and shall again make a decision, which decision shall be final and not subject to judicial review, but under no circumstances shall the provisions of this article be construed, in the case of a refusal to examine an applicant for promotion or to certify an applicant as eligible for promotion, as depriving such applicant of his right to seek a writ of mandamus, if the application for such writ is made within twenty days from the date of the decision refusing to examine or to certify him as eligible for promotion. Mario Peluso did not show for the hearing that he requested. ADJOURNMENT: There being no other business. motion by President Summers, second by Commissioner Clark. to adjourn. Time 4: 17 p.m. Date of Approval: July 5, 2022

Agenda

The City of Morgantown 430 Spruce Street Morgantown, West Virginia 26505 (304) 284-7439 Fax: (304) 284-7525 www.morgantownwv.gov Office of the City Clerk Police Civil Service Commission Public Hearing Notice Public Hearing Notice is hereby given, in a request from Mario Peluso dated May 31, 2022. The hearing will take place on Wednesday, June 22, 2022, in the Public Safety Building Training Room 300 Spruce Street, Morgantown, WV 26505 at 4:00 p.m. §8-14-14. Refusal to examine or certify; review thereof. The commission may refuse to examine an applicant, or after examination to certify as eligible one, who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position desired; or who is addicted to the habitual use of intoxicating liquors or drugs; or who has been guilty of any crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud, in his application, in any such examination, or in securing his eligibility; or who refuses to comply with the rules and regulations of the commission. If any applicant feels aggrieved by the action of the commission in refusing to examine him, or after examination in refusing to certify him as eligible, the commission shall, at the request of such applicant, appoint a date, time and place for a public hearing; at which time such applicant may appear, by himself or counsel, or both, and the commission shall then review its refusal to make such examination or certification, and testimony shall be taken. The commission shall subpoena, at the expense of the applicant, any competent witnesses requested by him. After such review, the commission shall file in its records the testimony taken and shall again make a decision, which decision shall be final and not subject to judicial review, but under no circumstances shall the provisions of this article be construed, in the case of a refusal to examine an applicant for promotion or to certify an applicant as eligible for promotion, as depriving such applicant of his right to seek a writ of mandamus, if the application for such writ is made within twenty days from the date of the decision refusing to examine or to certify him as eligible for promotion. Police Civil Service Commission 430 Spruce Street Morgantown, WV 26505 CC: Police Civil Service Commission Mario Peluso Chief Eric Powell File

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