H. B. 4540
(By Delegates Fleischauer, Caputo, Manuel, R. Thompson,
Wills, Hrutkay and Givens)
(Originating in the Committee on the Judiciary)
[February 19, 2002]
A BILL 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 or receive 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, 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 in the
municipality in which he or she is employed.; or
(5) Be a candidate or delegate to any state or national
political party convention or a member of any national, state or
local committee of 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) (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.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.