ENROLLED
H. B. 4540
(By Delegates Fleischauer, Caputo, Manuel, R. Thompson,
Wills, Hrutkay and Givens)
[Passed March 9, 2002; in effect ninety days from passage.]
AN ACT to amend and reenact section twenty-four, article fifteen,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the political
activities of members of paid fire departments; amending the
list of prohibited political activities by members of paid
fire departments and exceptions thereto; prohibiting such
members from being candidates for or holding public office in
the municipality in which they are employed, but permitting
such members to be candidates for or hold other public office;
prohibiting a member of a paid fire department from soliciting
political contributions or donations from members or employees
of his or her own fire department; reenacting civil service
protections related to unauthorized and permissible political
activity; and amending penalties for violations of this section.
Be it enacted by the Legislature of West Virginia:
That section twenty-four, article fifteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
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 any assessment, subscription or contribution for
any political party, committee or candidate from any person who is
a member or employee of the same fire department by which they are
employed;
(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 in the
municipality in which he or she is employed: Provided, That any
paid member of a fire department that is subject to the provisions
of 15 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 members of
paid fire departments.
(c) No person shall be appointed or promoted to or demoted or
dismissed from any position in a paid fire department 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 shall be 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.