Senate Bill No. 373
(By Senators Fanning, Snyder, Helmick, Ross, Sharpe,
Schoonvoer, Love, Ball, Hunter, Mitchell, Sprouse, Deem,
Kessler, Edgell, Minard, Prezioso, Bowman, Boley and Minear)
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[Introduced February 1, 1999;
referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section fifteen, article fourteen,
chapter seven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact section twenty-four, article fifteen, chapter eight
of said code, all relating to political activities of deputy
sheriffs and members of paid fire departments; setting forth
prohibitions on the political activities of such persons;
authorizing such persons to seek and hold certain public
offices and prohibiting them from seeking and holding other
public offices; providing for the removal of such persons
from their employment; protecting the employment status of
such persons; and setting forth criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article fourteen, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section twenty-four,
article fifteen, chapter eight of said code be amended and
reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-15. Political activity of deputy sheriffs prohibited;
exceptions; petition for vacating appointment;
action on petition; appeal.
(a)
On or after the effective date of this article, no
deputy sheriff covered by the provisions of this article shall
engage in any political activity of any kind, character or nature
whatsoever, except to cast his vote at any election or shall act
as an election official in any municipal, county or state
election. Any deputy sheriff violating the provisions of this
section shall have his appointment vacated and he shall be
removed, in accordance with the pertinent provisions of this
section. No deputy sheriff subject to the provisions of this
article may:
(1) Solicit or receive any assessment, subscription or
contribution, except for his or her own candidacy or perform any
service for any political party, committee or candidate for
compensation, other than for expenses actually incurred;
(2) Use any official authority or influence, including, but
not limited to, the wearing by a deputy sheriff of his or her
uniform, for the purpose of interfering with or affecting the
nomination, election or defeat of any candidate or the passage or
defeat of any ballot issue: Provided, That this subdivision
shall not be construed to prohibit any deputy sheriff from
casting his or her vote at any election while wearing his or her
uniform;
(3) Coerce or command anyone to pay, lend or contribute
anything of value to a party, committee, organization, agency or
person for the nomination, election or defeat of a ballot issue;
(4) Be a candidate for the office of the sheriff of the
county in which the deputy sheriff serves where the sheriff is a
candidate for reelection as sheriff; or
(5) Be a candidate for or hold the office of county
commission of the county in which the deputy sheriff serves.
(b) Other types of partisan or nonpartisan political activities not inconsistent with the provisions of subsection (a)
of this section are permissible political activities for deputy
sheriffs.
(c) Any deputy sheriff who violates the provisions of this
section shall have his or her appointment vacated and shall be
removed, in accordance with the provisions of this section or
section seventeen of this article.
(d) No deputy sheriff may be appointed or promoted to or
demoted or dismissed from his or her position or in any way
favored or discriminated against because of his or her engagement
in any political activity authorized by the provisions of this
section. Any elected or appointed official who violates the
provisions of this subsection is guilty of a misdemeanor and,
upon conviction thereof, shall be punished by the penalties
contained in section eighteen of this article.
(b) (e) Any three residents of the county may file their
written petition with the civil service commission thereof
setting out therein the grounds upon which a deputy sheriff of
such the county should be removed for a violation of subsection
(a) of this section. Notice of the filing of such petition shall
be given by the commission to the accused deputy, which notice shall require him or her to file a written answer to the charges
set out in the petition within thirty days of the date of such
notice. The petition and answer thereto, if any, shall be
entered upon the records of the civil service commission. If the
answer is not filed within the time stated, or any extension
thereof for cause which in the discretion of the civil service
commission may be granted, an order shall be entered by the
commission declaring the appointment of the deputy vacated. If
such the answer is filed with the time stated, or any extension
thereof for cause which in the discretion of the civil service
commission may be granted, the accused deputy may demand within
such the period a public hearing on the charges, or the civil
service commission may, in its discretion and without demand
therefor, set a date and time for a public hearing on the
charges, which hearing shall be within thirty days of the filing
of said answer, subject, however, to any continuances which may
in the discretion of the civil service commission be granted. A
written record of all testimony taken at such the hearing shall
be kept and preserved by the civil service commission, which
record shall be sealed and not be open to public inspection if no
appeal be taken from the action of the commission. The commission at the conclusion of the hearing, or as soon
thereafter as possible, shall enter an order sustaining, in whole
or in part, the charges made, or shall dismiss the charges as
unfounded. In the event the charges are sustained, in whole or
in part, the order shall also declare the appointment of such the
deputy to be vacated and thereupon the sheriff shall immediately
remove the deputy from his or her office and from the payroll of
the county. Notice of the action of the commission shall be
given by registered letter to the county court commission and the
sheriff. If the sheriff fails to immediately comply with the
order of the commission, he or she shall be punished for
contempt, upon application of the commission to the circuit court
of the county.
(c) (f) An appeal from the ruling of the commission may be
had in the same manner and within the same time as specified in
section seventeen of this article for an appeal from a ruling of
a commission after hearing held in accordance with the provisions
of said section seventeen.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL
SERVICE FOR PAID FIRE DEPARTMENTS.
§8-15-24. Political activities of members prohibited; exceptions.
(a) No member of any paid fire department may:
(1) Solicit or receive any assessment, subscription or
contribution, except for his or her own candidacy, or perform any
service for any political party, committee or candidate for
compensation, other than for expenses actually incurred;
(2) Use any official authority or influence, including, but
not limited to, the wearing by a member of a paid fire department
of his or her uniform, for the purpose of interfering with or
affecting the nomination, election or defeat of any candidate or
the passage or defeat of any ballot issue: Provided, That this
subdivision shall not be construed to prohibit any member of a
paid fire department from casting his or her vote at any election
while wearing his or her uniform;
(3) Coerce or command anyone to pay, lend or contribute
anything of value to a party, committee, organization, agency or
person for the nomination, election or defeat of a ballot issue;
or
(4) Be a candidate for or hold any other public office or in
the municipality in which he or she is employed.
(5) Be a candidate or delegate to any state or national political party convention or a member of any national, state or
local committee or a political party, or serve as a financial
agent or treasurer within the meaning of sections three, four or
five-e, article eight, chapter three of this code.
(b) Other types of partisan or nonpartisan political
activities not inconsistent with the provisions of subsection (a)
of this section are permissible political activities for members
of paid fire departments.
(c) Any member of a paid fire department who violates the
provisions of this section shall have his or her appointment
vacated and shall be removed, in accordance with the provisions
of section twenty-five of this article.
(d) No person member of a paid fire department may be
appointed or promoted to or demoted or dismissed from any
position in a paid fire department his or her
position or in any
way favored or discriminated against because of his or her
engagement in any political activity authorized by the provisions
of this section. Any elected or appointed official who violates
the provisions of this subsection shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by
the penalties contained in section twenty-six of this article.
NOTE: The purpose of this bill is to permit deputy sheriffs
and professional firefighters to participate in certain political
activities proscribed under current law. The bill permits deputy
sheriffs to seek and hold any public office other than: (a)
County commissioner; or (b) sheriff when the sitting sheriff is
a candidate for reelection. The bill also permits professional
firefighters to seek and hold any public office other than those
of the municipality in which he is employed.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.