King v. Logan County Deputy Sheriffs' Civil Service Commission

420 S.E.2d 270, 187 W. Va. 510, 1992 W. Va. LEXIS 60
CourtWest Virginia Supreme Court
DecidedJune 1, 1992
DocketNo. 20239
StatusPublished
Cited by2 cases

This text of 420 S.E.2d 270 (King v. Logan County Deputy Sheriffs' Civil Service Commission) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. Logan County Deputy Sheriffs' Civil Service Commission, 420 S.E.2d 270, 187 W. Va. 510, 1992 W. Va. LEXIS 60 (W. Va. 1992).

Opinion

PER CURIAM.

This is an appeal by the Logan County Sheriffs’ Civil Service Commission from a November 28, 1990, order of the Circuit Court of Logan County granting the appel-lees, Gerald King and William Simpkins, reinstatement to their positions of employment, back pay, costs, and a statutory attorney fee of $500. The appellant appealed that decision to this Court and contended that the appellees were not entitled to such relief. We granted the petition for appeal only as to the issues of back pay, costs, and attorney fees. We conclude that the appel-lees were not entitled to such relief and reverse the decision of the Circuit Court of Logan County only to the extent that such relief was granted.

I.

On December 28,1988, appellee Sergeant King was promoted to lieutenant and appel-lee Corporal Simpkins was promoted to sergeant. Logan County Sheriff Thomas Tomblin made those promotions three days prior to the expiration of his term of office. On January 10,1989, Corporal Russell Mar-cum filed a written objection to the promotions on the grounds that certain promotional guidelines had not been followed and that Sergeant Jerry Tabor and Corporal Marcum were next in line to receive the contested promotions. The appellant did not hold an evidentiary hearing on Corporal Marcum’s objection, but entered a January 31, 1989, order holding the promotions void ab initio and directing the new sheriff, Oval D. Adams, to vacate the promotions and return the appellees to their former positions. The appellant stated in that order that a written opinion detailing its position would be forthcoming. The appellees neither filed a written objection to their demotions nor demanded a hearing pursuant to West Virginia Code § 7-14-17 (1990).1

[512]*512Over a year after the January 31, 1989, order, the appellees advised the appellant that they wished to appeal the order and explained that they had been waiting for the written opinion of the appellant, as referenced in the original order. On March 30, 1990, the appellees filed a petition for a writ of mandamus demanding the appellant to furnish a written statement explaining the reasons for the demotions from the positions of lieutenant and sergeant. That petition basically alleged that the appellant had failed to promulgate and follow specific rules and regulations pertaining to promotions. The appellees requested reinstatement, back pay, costs, and attorneys fees. Neither Russell Marcum nor Sheriff Oval Adams were included as parties.

Evidentiary hearings were held before the Circuit Court of Logan County on June 7, 1990, and August 15, 1990. The appel-lees introduced evidence regarding a certain promotional plan which had allegedly been in effect within the appellant commission. The appellees maintained that the appellant never informed Sheriff Tomblin that a promotional plan based specifically upon tests scores should be utilized when making promotions within the ranks of the deputies. Although Sheriff Tomblin was apparently aware of a “promotional master list” from which individuals qualified for promotions could be chosen, he explained that he was unaware of any policy whereby the individual with the highest score on a promotional test would be given first priority. Sheriff Tomblin determined that he could make promotional decisions based upon a wide variety of factors, including test scores. Sheriff Tomblin explained that he promoted only those individuals who had been certified by successfully passing the tests given by the appellant. He also considered an individual’s experience, qualifications, fitness for a particular job, past performance, abilities, and other factors. Based upon such an evaluation, Sheriff Tomblin had appointed the appellees.

[513]*513Several witnesses, including members of the board of the appellant, testified regarding the arbitrary approach utilized by the appellant in regulating promotional decisions. Board member John Bennett, for instance, explained that the “promotional system ... [has] basically gone haywire for years based on the failure of the Commission to promulgate rules and regulations for the sheriffs of Logan County to go by whenever they make appointments to pro-motions_” Various officers also testified that they had been promoted without taking the competitive examination or had failed it but had been promoted anyway. Several witnesses presented credible evidence that several promotions were made without regard to any competitive examination.

Based upon the information presented, the Circuit Court of Logan County ruled that the appellees were entitled to immediate reinstatement, and the court awarded back pay, costs, and attorney fees of $500. The appellant thereafter filed a motion for relief from the judgment on the grounds that Sheriff Adams was an indispensable party to an action in which such relief was granted. An appeal was then lodged in this Court.

II.

We accepted the petition for appeal exclusively upon the issues of back pay, costs, and attorney fees, and the appellant has enumerated two assignments of error regarding those issues. First, he contends that the lower court erred in granting relief to the appellees through West Virginia Code § 7-14-17 since the Sheriff of Logan County was not named a party to this action. Second, the appellant contends that it was error for the lower court to order the relief sanctioned by West Virginia Code § 7-14-17 when the appellees did not file their action under §§ 7-14-1 to -21, as amended.

The appellees contend that West Virginia Code § 7-14-17 mandates an attorney fee award where a deputy is reinstated after a finding of illegal demotion. Moreover, the appellees assert that they have effectively exercised their statutory right to “seek in lieu of an appeal, a writ of mandamus.” W.Va.Code § 7-14-17(b).

Although the appellants do not contend that back pay and attorney fee awards are only available upon appeal, they do contend that back pay and attorney fee awards are only available for actions that are properly prosecuted under West Virginia Code § 7-14-17. The appellees advance the basic argument that since the appellees’ action was filed under West Virginia Code § 53-1-1 (1991), regarding writs of mandamus, it cannot be considered an appeal filed pursuant to West Virginia Code §§ 7-14-1 to - 21. Consequently, the appellants contend that the appellees may not avail themselves of the remedies provided in West Virginia Code § 7-14-17. Despite the various allegations of inappropriate promotional practices, we have accepted this matter to address only the issue of procedural error and have permitted the lower court’s determination with regard to reinstatement to stand.

West Virginia Code § 7-14-17 governs the removal, discharge, suspension, and reduction in rank or pay of deputy sheriffs. It provides the procedural scheme through which a complaint of alleged inappropriate promotions may progress. “W.Va.Code, 7-14-17 (1981), requires the award of back pay and certain limited attorney’s fees when a deputy sheriff is reinstated by a deputy sheriff's] civil service commission.” Syl.Pt. 2, Liller v. West Virginia Human Rights Comm’n, 180 W.Va. 433, 376 S.E.2d 639 (1988). (emphasis supplied).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Simmons v. Village of Barboursville
S.D. West Virginia, 2024
Meadows v. Hopkins
566 S.E.2d 269 (West Virginia Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
420 S.E.2d 270, 187 W. Va. 510, 1992 W. Va. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-logan-county-deputy-sheriffs-civil-service-commission-wva-1992.