H. B. 4459
(By Mr. Speaker, Mr. Kiss and Delegates
Douglas, Mahan and Damron)
[Introduced February 17, 1998; referred to the
Committee on the Judiciary.]
A BILL to repeal section fifteen, article fourteen-b, chapter
seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
eleven, article ten-a, chapter eighteen of said code; and to
amend and reenact section twenty, article six, chapter
twenty-nine of said code, all relating to deleting the
prohibition that officers or employees engaged in the
administration of the vocational rehabilitation program can
not take an active part in the management of political
campaigns or participate in any political activity;
repealing section of code prohibiting political activity of
correctional officers; and, deleting the prohibition against
classified service employees being candidates for public
office.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; that section eleven, article ten-a,
chapter eighteen of said code be amended and reenacted; and that
section twenty, article six, chapter twenty-nine of said code be
amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 10A. VOCATIONAL REHABILITATION.
§18-10A-11. Political activity.
No officer or employee engaged in the administration of the
vocational rehabilitation program shall use his or her official
authority or influence or permit the use of the vocational
rehabilitation program for the purpose of interfering with an
election or affecting the result thereof or for any partisan
political purpose. No such officer or employee shall take an
active part in the management of political campaigns or
participate in any political activity, except that he shall
retain the right to vote as he may please and to express his
opinions as a citizen on all subjects. No such officer or
employee shall solicit or receive, nor shall any such officer or
employee be obliged to contribute or render, any service,
assistance, subscription, assessment or contribution for any
political purpose. Any officer or employee violating this
provision shall be discharged.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 6. CIVIL SERVICE COMMISSION.
§29-6-20. Favoritism or discrimination because of political or
religious opinions, affiliations or race.
(a) No person shall be appointed or promoted to or demoted
or dismissed from any position in the classified service or in
any way favored or discriminated against with respect to such
employment because of his or her political or religious opinions
or affiliations or race; but nothing herein shall be construed as
precluding the dismissal of any employee who may be engaged in
subversive activities or found disloyal to the nation.
(b) No person shall seek or attempt to use any political
endorsement in connection with any appointment in the classified
service.
(c) No person shall use or promise to use, directly or
indirectly, any official authority or influence, whether
possessed or anticipated, to secure or attempt to secure for any
person an appointment or advantage in appointment to a position
in the classified service, or an increase in pay or other
advantage in employment in any such position, for the purpose of
influencing the vote or political action of any person or for any
consideration.
(d) No employee in the classified service or member of the
board or the director shall, directly or indirectly, solicit or
receive any assessment, subscription or contribution, or perform any service for any political party, committee or candidate for
compensation, other than for expenses actually incurred, or in
any manner take part in soliciting any such assessment,
subscription, contribution or service of any employee in the
classified service.
(e) Notwithstanding any other provision of this code, no
employee in the classified service shall:
(1) Use his or her official authority or influence for the
purpose of interfering with or affecting the result of an
election or a nomination for office;
(2) Directly or indirectly coerce, attempt to coerce,
command or advise a state or local officer or employee to pay,
lend or contribute anything of value to a party, committee,
organization, agency or person for political purposes; or
(3) Be a candidate for any national or state paid public
office or court of record; or hold any paid public office; or be
a candidate or delegate to any state or national political party
convention, a member of any national, state or local committee of
a political party, or a financial agent or treasurer within the
meaning of the provisions of section three, four or five-e,
article eight, chapter three of this code. Other types of
partisan or nonpartisan political campaigning and management not
inconsistent with the provisions of this subdivision and with the
provisions of subsection (d) of this section shall be permitted.
(f) Political participation pertaining to constitutional
amendments, referendums, approval of municipal ordinances or
activities shall not be deemed to be prohibited by the foregoing
provisions of this section.
(g) Any classified employee who becomes a candidate for any
paid public office as permitted by this section shall be placed
on a leave of absence without pay for the period of such
candidacy, commencing upon the filing of the certificate of
candidacy.
NOTE: The purpose of this bill is to delete the prohibition
that vocational rehabilitation program officers or employees can
not take an active part in the management of political campaigns
or participate in any political activity. It further repeals a
section of code prohibiting political activity of correctional
officers. Finally, it deletes the prohibition against classified
service employees being candidates for public office.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.