H. B. 2774
(By Delegates Howell, (By Request), Evans, A., Rowan,
Shott, Frich, Hamrick, Cooper, Arvon, Raines, Armstead and Pasdon
[Introduced March 1, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §8-5-9 of the Code of West Virginia,
1931, as amended, relating to the effects of a criminal
conviction and incarceration on a municipal officer; immediate
removal and, if a felony, inability to hold public office
Be it enacted by the Legislature of West Virginia:
That §8-5-9 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION
OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS
AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY;
CONFLICT OF INTEREST.
§8-5-9. Terms of office; removal from office.
_____(a) Except as otherwise provided in the charter of
municipality, the terms of all officers elected after the first election in municipalities holding biennial elections shall
commence on July 1 following their election and shall be is for two
years. and In municipalities holding quadrennial elections, the
terms of all elected officers shall commence on July 1 following
their election and shall be is for four years.
(b) All municipal officers, whether elected at the first
election of officers or at regular municipal elections, or
shall hold their offices until their successors are
elected or appointed and qualified according to law, unless sooner
removed from office according to law. Officers in office when this
article becomes effective shall hold their offices subject to the
provisions of the immediately preceding sentence hereof.(c) Notwithstanding any other provision of this code or law to
the contrary, a municipal officer who is convicted of a crime and
is incarcerated automatically loses his or her position as a
municipal officer. If the crime is a felony, the municipal officer
may not, again, hold a public office.
NOTE: The purpose of this bill is to authorize the immediate
removal from office a municipal officer convicted of a crime and
incarcerated and, if the crime is a felony, to render the municipal
officer unable to hold a public office again.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would