H. B. 2335
(By Delegates Swartzmiller and Stemple)
[Introduced January 19, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §7-14-15 of the Code of West Virginia,
1931, as amended, relating to prohibiting deputy sheriffs from
engaging in political activities and exceptions.
Be it enacted by the Legislature of West Virginia:
That §7-14-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-15. Political activity of deputy sheriffs prohibited;
petition for vacating appointment; action on
petition; appeal.
(a) On and 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,
while in uniform, except to cast his
or her vote at any election.
After voting he or she shall forthwith retire from the voting precinct. No deputy sheriff 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
or her
appointment vacated and he
or she shall be removed, in accordance
with the pertinent provisions of this section.
(b) While out of uniform and off duty, no deputy sheriff may
participate in any political activity except:
(1) Campaign for and hold office in political clubs and
organizations;
(2) Actively campaign for candidates for public office in
partisan and nonpartisan elections; and
(3) Contribute money to political organizations and attend
political fund-raising functions.
(c) No deputy sheriff may at any time:
(1) Be a candidate for public office in a nonpartisan or
partisan election;
(2) Use official authority or influence to interfere with or
affect the results of an election or nomination; or
(3) Directly or indirectly coerce contributions from
subordinates in support of a political party or candidate.
(b) (d) 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 county
should be removed for a violation of subsection (a),
(b) or (c) 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 answer is filed within
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 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 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 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 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) (e) 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.
NOTE: The purpose of this bill is to prohibit deputy sheriffs
from engaging in political activities with certain exceptions.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.