Police Civil Service Commission
Regular MeetingMorgantown, WV · June 22, 2022
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
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