Introduced Version
House Bill 2082 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2082
(By Delegate Cowles)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §7-14-13 and §7-14-15 of the Code of
West Virginia, 1931, as amended, all relating to prohibiting
a chief deputy sheriff from engaging in certain political
activities; prohibiting the solicitation of funds within a
sheriff's office; prohibiting using his or her official
authority for political purposes; and prohibiting him or her
from coercing anyone to contribute anything of value for
political purposes.
Be it enacted by the Legislature of West Virginia:
That §7-14-13 and §7-14-15 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.
§7-14-13. Vacancies filled by promotions; eligibility for
promotion; rights of chief deputy.
Vacancies in positions of deputy sheriff shall be filled, so
far as practicable, by promotion from among persons holding
positions in the next lower grade. Promotions shall be based upon
merit and fitness, to be ascertained by competitive examinations to
be provided by the Civil Service Commission, and upon the superior
qualifications of the persons promoted, as shown by their previous
service and experience: Provided, That, except for the chief
deputy or jailer, no person shall be eligible for promotion from
the lower grade to the next higher grade until such the person
shall have completed at least two years' service in the next lower
grade: Provided, however, That notwithstanding the provisions of
section one of this article, any person occupying the office of
chief deputy or any deputy sheriff occupying the office of jailer
pursuant to the provisions of section two, article eight of this
chapter in any such county on the effective date of this article,
or thereafter appointed to such the office, shall, except as
hereinafter provided in this section, be and shall continue to be
entitled to all of the rights and benefits of the provisions of
this article, except that he or she may be removed from such the
office of chief deputy or jailer without cause and the time spent
by such the person in the office of such chief deputy or jailer
shall be added to the time, if any, served by such the person
during the entire time he or she was a deputy sheriff of such the
county prior to his or her appointment as chief deputy or jailer, and shall in all cases of removal, except for removal for just
cause, retain the regular rank within said the sheriff's office
which he or she held, if any, at the time of his or her appointment
to the office of chief deputy or jailer or which he or she has
attained, if any, during his or her term of service as chief deputy
or jailer. The provisions of this section are construed in
accordance with section fifteen of this article. The provisions of
this section shall be construed to apply and to inure to the
benefit of all persons who have ever been subject to the provisions
of this article. The commission shall have has the power to
determine in each instance whether an increase in salary
constitutes a promotion.
§7-14-15. Political activities of members prohibited; exceptions.
(a) A deputy sheriff and chief deputy sheriff covered by the
provisions of this article 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 or her appointment vacated and he or she
shall be removed, in accordance with the pertinent provisions of this section.
(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 the county
should be removed for a violation of subsection (a) of this
section. Notice of the filing of such the petition shall be given
by the commission to the accused deputy, which notice shall require
him or her to file a written answer to the charges set out in the
petition within thirty days of the date of such the 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 the 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 the 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 the 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 the 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 the
deputy to be vacated and thereupon the sheriff shall immediately
remove the deputy from his or her 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 or she shall be punished for contempt, upon
application of the commission to the circuit court of the county.
(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.
NOTE: The purpose of this bill is to prohibit a chief deputy
sheriff from engaging in certain political activities. The bill
prohibits a chief deputy sheriff from soliciting contributions from
anyone employed in a sheriff's office. The bill also prohibits the
chief deputy sheriff from using official authority to influence or interfere with the nomination or election of any candidate or the
passage or defeat of a ballot measure. Additionally, the bill
prohibits the chief deputy sheriff from coercing anyone to pay,
lend or contribute to any organization supporting a nomination,
election or defeat of a ballot issue.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.