ENROLLED
Senate Bill No. 526
(By Senators Jenkins, Sprouse, Bailey and Plymale)
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[Passed March 10, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §7-14-15 of the Code of West Virginia,
1931, as amended; and to amend and reenact §8-14-19 of said
code, all relating to the political activities of deputy
sheriffs and municipal police officers; amending the list of
prohibited political activities by deputy sheriffs and
municipal police officers; providing certain exceptions;
prohibiting deputy sheriffs and municipal police officers from
being candidates for or holding public office in the county or
municipality where employed; prohibiting deputy sheriffs and
municipal police officers from soliciting political
contributions or donations from members or employees of the
county or municipality; setting forth certain permissible
activities; and providing penalties for appointed or elected
officials who violate the provisions of this bill.
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; and that §8-14-19 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 activities of members prohibited; exceptions.
(a) A deputy sheriff covered by the provisions of this article
may not:
(1) Solicit any assessment, subscription or contribution for
any political party, committee or candidate from any person who is
a member or employee of the county sheriff's department by which
they are employed;
(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; or
(4) Be a candidate for or hold any other public office in the
county in which he or she is employed:
Provided, That any deputy
sheriff that is subject to the provisions of 5 U. S. C. §1501,
et seq., may not be a candidate for elective office.
(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) No person may be appointed or promoted to or demoted or
dismissed from any position held by a deputy sheriff or in any way
favored or discriminated against because of his or her engagement
in any political activities 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 twenty-six, article fifteen, chapter eight of this code.
(d) 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.
(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.
(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.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS
AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE
AND PARKING LOT OR PARKING BUILDING POLICE
OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE
DEPARTMENTS.
§8-14-19. Political activities of members prohibited; exceptions.
(a) A member of a paid police department may not:
(1) Solicit any assessment, subscription or contribution for
any political party, committee or candidate from any person who is
a member or employee of the municipality by which they are
employed;
(2) Use any official authority or influence, including, but
not limited to, the wearing by a municipal police officer 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 municipal police officer 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 in the
municipality in which he or she is employed:
Provided, That any
municipal police officer that is subject to the provisions of 5 U.
S. C. §1501,
et seq., may not be a candidate for elective office.
(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 municipal
police officers.
(c) No person may be appointed or promoted to or demoted or
dismissed from any position held by a municipal police officer or
in any way favored or discriminated against because of his or her
engagement in any political activities 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 twenty-six, article fifteen of this chapter.
(d) Any member of any such paid police department 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.
(e) Any three residents of any such city may file their
written petition with the policemen's civil service commission
thereof setting out therein the grounds upon which a member of the
paid police department of such city should be removed for a
violation of subsection (a) of this section. Notice of the filing
of such petition shall be given by said commission to the accused
member, which notice shall require the said member to file a
written answer to the charges set out in the petition within thirty
days of the date of said notice. The said petition and answer
thereto, if any, shall be entered upon the records of the
commission. If such answer is not filed within the time stated, or
any extension thereof for cause which in the discretion of the
commission may be granted, an order shall be entered by the
commission declaring the appointment of said member vacated; if
such answer is filed within the time stated, or any extension
thereof for cause which in the discretion of the commission may be
granted, the accused member may demand within such period a public
hearing on the charges, or the commission may, in its discretion
and without demand therefor, set a time for a public hearing on
said 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 commission be granted. A written record of all testimony taken at such hearing shall be kept and
preserved by the 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 said member
to be vacated and thereupon the proper municipal authorities shall
immediately remove said member from the police force and from the
payroll of said city. Notice of the action of the commission shall
be given by registered letter to the mayor and chief of police of
the city; and for failure to immediately comply with the order of
the commission such officer or officers shall be punished for
contempt, upon application of the commission to the circuit court
of the county in which the city or the major portion of the
territory thereof is located.
(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
twenty of this article for an appeal from a ruling of a commission
after hearing held in accordance with the provisions of said
section.