H. B. 2328

(By Delegates Staton, Linch and Faircloth)

[Introduced January 21, 1999; referred
to the Committee on Political Subdivisions then the Judiciary.]

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.
(a) No deputy sheriff 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. Provided, That prior to becoming a candidate for any elected office, the deputy sheriff must take a leave of absence from his or her position as deputy sheriff.
(c) No deputy sheriff shall 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 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by the penalties contained in section eighteen of this article.
(d) 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.

(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 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 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 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 shall be appointed or promoted to or demoted or dismissed from any position in a paid fire department his or her

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.