Senate Bill No. 600
(By Senators Wooton, Bowman, Dittmar, Grubb, Ross and Wagner)
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[Originating in the Committee on the Judiciary;
reported March 1, 1996.]
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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, relating to prohibition of
political activity by deputy sheriffs; exceptions; allowing
deputy sheriffs to run for and serve in elected office;
exceptions; petition for vacating appointment; action on
petition; and appeal.
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 to read as follows:
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-15. Political activity activities of deputy sheriffs
prohibited; exceptions; 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,
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.
(a) No deputy sheriff covered by 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 member of a sheriff's 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 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; or
(4) Be a candidate for the office of sheriff when the current
serving sheriff is a candidate for reelection to said office or
serve as a county commissioner.
(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 section fifteen-e of
this article.
(d) No person shall be appointed or promoted to or demoted or
dismissed from any position in a sheriff's department 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 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 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 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 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 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.
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(NOTE: The purpose of this bill is to allow deputy sheriffs
to run for certain political offices.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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