SB526 H JUD AM 3-7 #3
The Committee on the Judiciary moves to amend the bill on page
two, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following language:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-15. Political activities of members prohibited; exceptions.
(a) On and after the effective date of this article, no A
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.
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 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 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.
(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 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.
(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 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) No A member of any a paid police department of a Class I
or Class II city 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 election,
municipal, county or state. 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 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 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, chapter eight of
this code.
(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.
(b) (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.
(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
twenty of this article for an appeal from a ruling of a commission after hearing held in accordance with the provisions of said
section twenty.