University of West Virginia Board of Trustees on Behalf of West Virginia University v. Gary D. Fox, No. 23091 (W. Va. July 11, 1996) (Albright, J.)
Affirming reinstatement of a university employee who had entered a nolo contendere plea to a charge of criminal trespass arising from his entry into a women's shower room, the Court held that a nolo contendere plea is inadmissible in grievance proceedings conducted pursuant to W. Va. Code § 18-29-6.
Brenda Quinn v. West Virginia Northern Community College, No. 23068 (W. Va. July 5, 1996) (McHugh, C.J.):
Reinstating a grievance board decision affirming a college's decision not to promote one of its administrative employees, the Court held that a final order of a hearing examiner for the Education and State Employees Grievance Board based upon adequate findings of fact should not be reversed unless clearly wrong.
In re: Tina Perry Queen, Executrix of the Estate of Jo Ann Perry, No. 23165 (W. Va. June 14, 1996) (Cleckley, J.):
Reinstating a civil service ruling ordering the reinstatement of a correctional officer whom the sheriff contended had voluntarily resigned, the Court held (1) appellate review of a civil service commission decision is narrow, limited to whether the record reflects a substantial and rational basis for the decision; (2) a reviewing court may reverse a civil service decision only if it resulted from (i) a misapplication of law, (ii) an absence of adequate evidentiary basis, or (iii) an arbitrary or capricious application of the facts to the law; (3) whether factual findings are "clearly erroneous" depends on whether they were supported by "substantial evidence," which consists of "relevant evidence" that a rational mind might accept a supporting a conclusion; and (4) whether the application of the facts to the law is "arbitrary or capricious" depends on whether there is an articulable, rational basis for the challenged decision.
In re: The Petition for an Appeal or Judicial Review of the Decision of the West Virginia Consolidated Public Retirement Board, etc., No. 23184 (W. Va. June 14, 1996) (McHugh, C.J.):
Reinstating a retirement board decision refusing to grant service credit for temporary government employment, the Court held that (1) an individual is an employee for membership in the public employees retirement system, pursuant to W. Va. Code § 5-10-2(6), if such individual is employed full-time and his or her tenure is not restricted as to temporary or provisional employment, and (2) these requirements apply to any person who serves regularly as an officer or employee, on a salary basis, in the service of, and whose compensation is payable, in whole or in part, by any political subdivision, as well as to an officer or employee whose compensation is calculated on a daily basis and paid monthly or on completion of assignment.
Ted Philyaw, Administrative Director of the Courts v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County, the Board of Review of the West Virginia Department of Employment Security, and Joyce Purkey, No. 22866 (W. Va. December 7, 1995) (Recht, J.): 195 W.Va. 474, 466 S.E.2d 133:
Reversing the award of unemployment compensation benefits to a magistrate clerk who had resigned to become a candidate for circuit clerk, the Court held that when a judicial employee resigns to become a candidate for a nonjudicial office, the resignation constitutes leaving work "voluntarily without good cause involving fault on the part of the employer," thereby disqualifying the employee from receiving unemployment compensation benefits under W. Va. Code § 21A-6-3(1).
Kenneth F. Staten v. Jean Dean, Mayor of the City of Huntington, a municipal corporation, No. 22640 (W. Va. October 26, 1995) (Recht, J.): 195 W.Va. 57, 464 S.E.2d 576:
Reversing a writ of mandamus compelling reinstatement of a police officer who resigned as part of a pretrial diversion of mail fraud charges arising out of his attempt to have a hospital worker falsify the results of a blood test in a paternity action against such officer, the Court held (1) a de novo standard of review applies to mandamus appeals; (2) eligibility for reinstatement to a municipal police department is governed by circumstances extant at the time of the resignation, pursuant to W. Va. Code § 8-14-12, and not at the time of reinstatement; (3) if an applicant for reinstatement resigned from a municipal police department under charges of misconduct or misfeasance, such applicant is per se ineligible for reinstatement under W. Va. Code § 8-14-12; and (4) the charge of misconduct or misfeasance under W. Va. Code § 8-14-12 need not rise to the level of a formal charge, but is satisfied by an acknowledgment of the police officer involved that he or she has committed an act that violates the laws of the United States or any state.
West Virginia Education Association; Kayetta Meadows as President, et al. v. The Consolidated Public Retirement Board; Glen Gainer, II, Auditor, and Gaston Caperton, Governor, as Members of the Consolidated Public Retirement Board, Nos. 22648, 22649, 22650, and 22651 (W. Va. July 13, 1995) (Recht, J.): 194 W.Va. 501, 460 S.E.2d 747:
Vacating a writ of mandamus compelling operation of teachers' retirement system on an actuarially sound basis, but affirming order permitting reactivation of case upon State's failure to properly fund system in accordance with W. Va. Code § 18-9A-6a(c), and remanding for an award of reasonable attorney fees, the Court held (1) W. Va. Code § 18-9A-6a(c), adopted to address the unfunded liability of the teachers' retirement system, rendered moot the action to mandate adequate funding; (2) if the actuarial soundness of the teachers' retirement system is threatened in the future by failure of the State to comply with W. Va. Code § 18-9A-6a(c), the case may be resurrected; and (3) teachers' retirement system funds are the corpus of a trust created for the benefit of members and retirants, and any use thereof for purposes not related to the retirement system constitutes an illegal expropriation of such funds.
State of West Virginia ex rel. Glen B. Gainer, III, Auditor of the State of West Virginia v. West Virginia Board of Investments, No. 22574 (W. Va. May 31, 1995) (Workman, J.): 194 W.Va. 143, 459 S.E.2d 531:
Disallowing the investment of public employee pension funds in corporate securities, the Court held that (1) until public employee pension funds are paid as benefits, the State has a beneficial ownership interest arising from a statutory trust relationship and (2) W. Va. Code § 12-6-9(j), granting authority to the consolidated public employees retirement system board to invest in corporate stock, is violative of W. Va. Const. art. X, § 6, which prohibits the State from becoming a "stockholder in any company or association."
Stanley W. Booth, William D. Tooten, Charles R. Martin and Gordon L. Clark v. James L. Sims, as the Executive Secretary of West Virginia Consolidated Public Retirement Board, etc., et al., No. 22464 (W. Va. March 24, 1995) (as modified) (Neely, C.J.): 193 W.Va. 323, 456 S.E.2d 167:
In a case involving changes to the state police pension plan, the Court held that (1) if a governmental entity promises to defer an officer's or employee's salary until retirement, the governmental entity cannot eliminate this expectancy without just compensation once an officer or employee has substantially relied upon such promise to his or her detriment; (2) pensions are lawful debts of the State, enforceable by a writ of mandamus against the treasurer and auditor, and their funding, for employees having substantial reliance interests, is a problem for the legislature, not the employees; (3) changes to pension systems for new employees are permissible; (4) changes to pension systems for existing employees who have relied upon the promises of the existing system are impermissible; (5) changes to pension systems for existing employees with ten years of service are presumptively impermissible and for those with less than ten years of service are to be determined on a case-by-case basis; (6) the legislature cannot reduce existing pension benefits or raise contribution levels without giving affected employees sufficient money to pay the higher contributions; (7) should the legislature seek to reduce certain provisions of a pension plan, it must substitute equally advantageous benefits; and (8) W. Va. Code § 15-2-26, an increased contribution provision for state troopers, and W. Va. Code § 15-2-27(c)(2), eliminating the use of accrued leave to accelerate the receipt of retirement benefits by state troopers, are not unconstitutional, but W. Va. Code § 15-2-27(a), reducing an annual cost-of-living adjustment, is unconstitutional.
Mark L. McMillian v. Arden Ashley, Sheriff of Kanawha County, in place of Danny Jones, former Sheriff of Kanawha County and Arden D. Ashley, Sheriff of Kanawha County v. Mark McMillian, No. 22340 (W. Va. March 3, 1995) (Fox, J.): 193 W.Va. 269, 455 S.E.2d 921:
Reversing the affirmance of a civil service commission's decision ordering the reinstatement of a deputy sheriff discharged, in part, due to submission of a voucher for an extradition trip which included expenses related to his accompaniment by his mistress, the Court held that (1) a deputy sheriff who takes an unofficial guest on an extradition assignment and, thereby, subjects the public to increased danger and his employer to an increased risk of liability, has engaged in misconduct and (2) a deputy sheriff who takes an unofficial guest on an official assignment and seeks reimbursement from public funds for additional expenses occasioned thereby has engaged in misconduct.
State of West Virginia ex rel. David F. Lambert, in his official capacity as Director of the West Virginia Public Employees Insurance Agency v. County Commission of Boone County, et al., No. 22371 (W. Va. December 9, 1994) (McHugh, J.): 192 W.Va. 448, 452 S.E.2d 167:
Mandating the payment of contributions for retired employees who have elected PEIA coverage by local governments and nonprofit organizations who have elected not to participate in PEIA, the Court held that employers who elect to participate in the public employees retirement system [PERS] must, pursuant to W. Va. Code § 5-16-22, contribute to the public employees insurance agency [PEIA] when its retired employees elect to participate in PEIA, which, because it serves a legitimate state purpose in making health benefits available to retirees, does not violate principles of equal protection.
Phyllis Gibson, Barbara Ellis Vance, Marjorie Elliott, Theresa Chinn, and Ruth Waters v. West Virginia Department of Health and Human Resources, Division of Health, No. 21919 (W. Va. December 8, 1994) (Workman, J.): 192 W.Va. 372, 452 S.E.2d 463:
Rejecting a challenge to a reduction-in-force plan which gave preferential treatment to male mental health services workers partially on the ground that a significant number of patients were males, the Court held that implementation of a bona fide occupational qualification, when not challenged, permits retention of less senior employees in connection with a reduction-in-force notwithstanding the existence of a statutory seniority system that would otherwise prevent the layoff of more senior employees.
Jacqueline Largent, Charlotte Kingrey, Mary Carter, Ella Roberts, and Rachel Smith v. West Virginia Division of Health and West Virginia Division of Personnel, No. 21864 (W. Va. November 18, 1994) (Neely, J.): 192 W.Va. 239, 452 S.E.2d 42:
Rejecting a claim by a group of long-time state nurses that paying a newly-hired nurse more money violated their right of equal pay for equal work, the Court held that (1) W. Va. Code § 29-6-10 allows agencies to consider a broad range of factors when setting the salary of a new employee; (2) W. Va. Code § 21-5B-1, the Equal Pay Act, does not apply to the state or any municipal corporation for which a valid civil service merit system is in effect; and (3) W. Va. Code § 29-6-10 merely requires that employees performing the same tasks with the same responsibilities should be placed within the same job classification, but not necessarily at the same salary.
West Virginia Department of Administration, Division of Personnel, and Ernie Chafin v. West Virginia Department of Health and Human Resources/Division of Health, and Boone County Board of Health, No. 22169 (W. Va. November 18, 1994) (Workman, J.): 192 W.Va. 202, 451 S.E.2d 768:
Reversing a decision denying the right of a county nurse to file a grievance with state grievance board, the Court held that an employee of a county health department who is a member of the state merit system is subject to the grievance procedure for state employees.
Charles T. Darlington, et al. v. R. Michael Mangum, Sheriff of Raleigh County, et al., No. 22297 (W. Va. November 2, 1994) (Miller, J.): 192 W.Va. 112, 450 S.E.2d 809:
Rejecting a challenging to the imposition of a monthly premium for health insurance coverage, the Court held that under W. Va. Code § 7-5-20, a county commission is authorized to require employees who elect to participate in the county's group health insurance to pay part of the premium cost.
State of West Virginia ex el. Frederick I. Young v. James L. Sims, Executive Director, Consolidated Public Retirement Board, et al., No. 22009 and Beulah Kitts v. Consolidated Public Retirement Board of the State of West Virginia, No. 22010 (W. Va. July 8, 1994) (Workman, J.): 192 W.Va. 3, 449 S.E.2d 64:
In consolidated cases involving the appropriate manner of processing public employee claims for disability, the Court held (1) the Consolidated Public Retirement Board [CPRB] is subject to the Administrative Procedures Act, W. Va. Code §§ 29A-1-1 to -7-4 and (2) the CPRB has discretion to accept or reject claims for disability retirement even where there has been a finding of disability by the Social Security Administration.
Norman E. Wood, M.D. v. Public Employees Retirement System, No. 21694 (W. Va. July 8, 1994) (Workman, J.): 191 W.Va. 484, 446 S.E.2d 706:
Reversing a trial court award of service credit, the Court held that the mere submission of an affidavit where service credit for retirement purpoes is questioned by the Consolidated Public Retirement Board does not alone constitute credible evidence of employment sufficient to grant a public employee credit for the period in question.
Jeffrey J. Dyke v. City of Parkersburg, a municipal corporation, No. 21871 (W. Va. June 16, 1994) (Brotherton, C.J.): 191 W.Va. 418, 446 S.E.2d 506:
Reversing the dismissal of a police officer's claim for attorney fees arising from his successful defense of a criminal charge of sexual misconduct, the Court held that in a case involving a police officer charged with a criminal act the officer claims arose from the officer's employment, a hearing should be conducted before the civil service commission to determine whether (1) the criminal charge arose from the discharge of the officer's duties in which the government had an interest and (2) the officer acted in good faith.
Phillip Adkins, et al. v. City of Huntington, a municipal corporation, No. 21866 (W. Va. May 23, 1994) (Workman, J.): 191 W.Va. 317, 445 S.E.2d 500:
Rejecting a claim by city firefighters to overtime pay under the state wage and hour statute, the Court held that a city is entitled to the statutory exemption for any employer for whom eighty percent of the employer's employees are subject to the federal wage and hour law.
State of West Virginia ex rel. Billy Ray C., Jr. v. Major General Joseph J. Skaff, etc., et al., No. 21894 (W. Va. December 15, 1993) (Miller, J.): 190 W.Va. 504, 438 S.E.2d 847:
Where petitioner was dissatisfied with the manner in which his complaint of state police brutality was investigated, the Court held (1) a person who has been subjected to excessive force by a state police officer has the right to file a complaint with the superintendent pursuant to W. Va. Code § 15-2-21; (2) the state police superintendent has an obligation, pursuant to W. Va. Code § 15-2-21, to investigate complaints of excessive force using formal, written procedures which provide (i) how complaints are to be filed and (ii) how investigations are to be conducted by an impartial and neutral party; and (3) the Board of Risk is required to promulgate regulations, pursuant to W. Va. Code § 29-12-5, to enable the Board to properly identify potential liablity claims against state agencies.
Gene Hal Williams v. Charles G. Brown, Attorney General of West Virginia, No. 21816 (W. Va. November 23, 1993) (Miller, J.): 190 W.Va. 202, 437 S.E.2d 775:
In a case involving the status of assistant attorneys general, the Court held (1) W. Va. Code § 6-8-8 does not apply to an employee who is covered under a civil service system; (2) W. Va. Code § 5-3-3, by providing that assistant attorneys general shall serve at the pleasure of the attorney general, defines an at-will employment allowing termination at any time with or without cause; (3) the receipt of certain fringe benefits enjoyed by civil service employees does not change the status of assistant attorneys general as at-will employees; and (4) the attorney general does not owe a duty of good faith and fair dealing to an assistant attorney general with regard to employment.
Sarah E. Goines and Curtis E. Goines v. Officer Jeffrey Goff James, et al., individually, and as members of the Parkersburg City Police Department; and the City of Parkersburg, a municipal corporation, No. 21363 (W. Va. July 22, 1993) (Workman, C.J.): 189 W.Va. 634, 433 S.E.2d 572:
Where police officer allegedly injured a homeowner during the pursuit of a misdemeanant into the homeowner's residence over the homeowner's protests, the Court affirmed a defense verdict, holding that "so long as such entry violates no clearly established statutory or constitutional rights," a police officer is "absolved from civil liability" for the hot pursuit of a misdemeanant into the residence of a third party with neither a warrant nor the third party's consent.
West Virginia Department Health and Human Services v. Warren Hess, John Mellinger, and Vicki Britner, No. 21278 (W. Va. March 16, 1993) (Miller, J.): 189 W.Va. 357, 432 S.E.2d 27:
Reversing an award of relief in an "equal pay" case in which an issue of favoritism was raised for the first time before the grievance board, the Court held that the final level of the grievance procedure where alteration of the substance of a grievance under W. Va. Code § 29-6A-3(j) can occur is before a grievance evaluator at Level III.
Debra L. Parsons, et al. v. West Virginia Bureau of Employment Programs, Workers' Compensation Division, West Virginia Department of Administration, Division of Personnel, No. 21348 (W. Va. February 25, 1993) (McHugh, J.): 189 W.Va. 107, 428 S.E.2d 528:
In misclassification grievance which became procedurally convoluted, the Court held (1) the division of personnel is without jurisdiction to decide misclassification grievances at Level Three pursuant to W. Va. Code § 29-6A-1, et seq., except where the division of personnel is the employer; (2) the division of personnel is authorized, pursuant to W. Va. Code § 29-6A-4, to intervene as a party at Level Three; and, (3) before requested relief can be modified pursuant to W. Va. Code § 29-6A-3(k), the consent of the division of personnel must be obtained.
Donald Akers v. The West Virginia Department of Highways, No. 20862 (W. Va. December 18, 1992) (Workman, J.): 188 W.Va. 698, 425 S.E.2d 840:
Holding unconstitutional a legislative attempt to codify a time-honored tradition, the Court held that because the position of county maintenance superintendent does not require its holder to share the same political affiliation as the governor to effectively perform the duties required, W. Va. Code § 29-6-4(d), which authorizes the governor to make employment decisions regarding county maintenance superintendents based upon political affiliation, is unconstitutional insofar as it applies to these officials.
David F. Graf, M.D. v. West Virginia University and West Virginia University Medical Corporation, No. 20722 (W. Va. December 11, 1992) (Neely, J.): 189 W.Va. 214, 429 S.E.2d 496:
Striking down a medical school regulation which prohibited its faculty from "moonlighting," the Court held (1) schools subject to its supervision may not impose regulations upon faculty members that contradict policies of the Board of Trustees; (2) schools subject to its supervision may not use affiliated corporations to engage in activities to avoid compliance with policies of the Board of Trustees; and (3) the grievance board has the authority to award damages, including damages for lost wages.
State of West Virginia v. Chase Securities, Inc. v. West Virginia State Board of Investments; Arch A. Moore, Jr.; Glen B. Gainer, Jr.; and A. James Manchin, No. 20863 (W. Va. November 25, 1992) (Miller, J.): 188 W.Va. 356, 424 S.E.2d 591:
Rejecting a third-party complaint by an investment firm against state officials whose alleged negligence contributed to the loss of millions of dollars in public funds, the Court held, in an important case involving official immunity, that a public executive official who is acting within the scope of the official's authority is entitled to qualified immunity from personal liability for official acts if the conduct involved did not violate clearly established laws of which a reasonable official should have known. The Court further held, however, that there is no qualified immunity where a public official's acts are fraudulent, malicious, or otherwise oppressive. Finally, under the facts presented, the Court held that the third-party defendants did not violate any clearly established laws and that they had acted in good faith.
In Re: Petition to Remove Harry Reitter, Larry T. Main, Pat Butto, Jr., and Robert Paysen, as Members of the Brooke County Solid Waste Authority, No. 21174 (W. Va. November 13, 1992) (McHugh, C.J.): 188 W.Va. 324, 424 S.E.2d 251:
Although reversing the removal of member of a solid waste authority whose public employer was reimbursed by the authority for authority work performed by the member on his employer's time on the ground that such action did not justify the drastic remedy of removal, the Court nevertheless held that under W. Va. Code § 20-9-3, which prohibits members of a solid waste authority from receiving compensation for their services, an employer of a member of a solid waste authority may not be reimbursed for wages and benefits paid to such member for authority work performed on the employer's time.
Paul Nesselroad, et al. v. Willard Ansel, Executive Secretary of the State of West Virginia Teachers Retirement Board, et al., No. 20846 (W. Va. October 22, 1992) (Neely, J.): 188 W.Va. 193, 423 S.E.2d 596:
Rejecting an attempt by higher education employees and retirees to gain credit for prior service for which they made no contributions, the Court held that a 1988 amendment to W. Va. Code § 18-23-4a, which permitted higher education employees, for a limited time, to become members of the Teachers Retirement System, allowed such employees to become members on a prospective basis only.
Delores Ann Adkins, et al. v. Jennings Miller, etc., et al., No. 20273 (W. Va. July 23, 1992) (McHugh, C.J.): 187 W.Va. 774, 421 S.E.2d 682:
Reversing a judgment upholding a newly-elected sheriff's wholesale dismissal of the employees of the previous sheriff, the Court held that, under certain circumstances, governmental employees enjoy protection from dismissal solely for political reasons, and that W. Va. Code § 7-7-7, which provides, "The . . . sheriff . . . may employ . . . for and during their . . . terms of office, assistants, deputies and employees," does not permit a sheriff to make personnel decisions regarding nonpolicymaking - nonconfidential employees solely upon political motivations.
The City of Huntington, etc., et al. v. Darrell G. Black, No. 20736 (W. Va. July 23, 1992) (Workman, J.): 187 W.Va. 675, 421 S.E.2d 58:
Where mayor demoted police officer, without a hearing, after allegations of racially derogatory comments were made by a citizen, the Court affirmed the circuit court's holding that principles of due process dictate that a police officer subject to civil service protection must be afforded a predisciplinary proceeding prior to a discharge, suspension, or reduction in pay, unless exigent circumstances preclude such a predisciplinary hearing.
State of West Virginia v. Jay Montgomery Brown, No. 20472 (W. Va. July 10, 1992) (Workman, J.): 188 W.Va. 12, 422 S.E.2d 489:
Overturning the dismissal of an indictment for 17 counts of embezzlement by a public official, the Court held that embezzlement by a public official, under W. Va. Code § 61-3-20, does not require evidence of specific intent, but evidence that the public official intended to perform the act that resulted in embezzlement is alone sufficient.
E.L. Kirkpatrick, Jr., et al., and United Steelworkers of America, AFL-CIO-CLC v. Mid-Ohio Valley Transit Authority, No. 20916 (W. Va. June 29, 1992) (Workman, J.): 188 W.Va. 247, 423 S.E.2d 856:
Rejecting an attempt by employees of a public transit authority to organize into a collective bargaining unit, the Court held that W. Va. Code § 8-27-21 does not grant employees of a mass transit authority collective bargaining rights if such rights were not in place at the time the mass transit authority assumed the operations of the transit system.
Roger P. Echard v. City of Parkersburg, Mayor Nicely, and Chief L.C. Gibson, No. 19801 (W. Va. June 11, 1992) (McHugh, C.J.): 187 W.Va. 350, 419 S.E.2d 14:
Reversing the dismissal of a civil service appeal as untimely, the Court held that entry of an order by a policemen's civil service commission occurs when entered in the order book of the policemen's civil service commission and dated by the recorder of the city.
G.K. Farley v. J.R. Bucklew, Superintendent of the West Virginia Department of Public Safety, and the West Virginia Department of Public Safety, No. 20529 (W. Va. February 6, 1992) (Neely, J.): 186 W.Va. 693, 414 S.E.2d 454:
Rejecting a trooper's attempt to bypass the Board of Appeals of the Department of Public Safety [DPS] and to appeal his transfer directly to the Circuit Court of Kanawha County, the Court held that under W. Va. Code § 15-2-6 and 15-2-20, DPS transfers may be appealed to the Circuit Court of Kanawha County only after appeal to the DPS Board of Appeals.
Wilma J. Peak and David C. Peak, her husband v. Jerold E. Ratliff, Individually, and the West Virginia Department of Public Safety, etc., and David Brian Akers, Jointly and Severally, No. 19905 (W. Va. July 16, 1991) (Miller, C.J.): 185 W.Va. 548, 408 S.E.2d 300:
Where the subject of a high-speed police chase crashed into an innocent motorist, the Court affirmed the trial court's view that no cause of action existed against the officer or the agency, holding that where police are engaged in the vehicular pursuit of a known or suspected criminal, the pursuing officer is not liable for injuries to third parties resulting from a collision unless the officer's conduct amounted to "reckless conduct or gross negligence" and was a "substantial factor in bringing about the collision."
State of West Virginia ex rel. City of Wheeling Retirees Association, Inc., Elinor T. Doyle, a member and all those similarly situated v. City of Wheeling, a municipal corporation, John W. Lipphart, Clyde A. Thomas, Stella Koerner, Vernon E. Seals, Robert E. Henry, Sr., James J. Gessler, Brent A. Bush, John W. Carenbauer, Thomas J. Baller, Its Mayor, and member of its City Council, No. 20144 (W. Va. July 2, 1991) (McHugh, J.): 185 W.Va. 380, 407 S.E.2d 384:
Where the City of Wheeling sought to modify its health insurance plan to require retirees to pay higher premiums than employees, the Court held that W. Va. Code § 8-12-8, when liberally construed, precludes municipalities from modifying their health insurance plans to charge different rates for retirees than for employees.
Arden D. Ashley, Sheriff of Kanawha County, Successor to Danny Jones v. Mark L. McMillian, No. 19495 (W. Va. February 22, 1991) (Brotherton, J.): 184 W.Va. 590, 402 S.E.2d 259:
Where sheriff objected that only one of three members of civil service commission was present at important evidentiary hearings, the Court held that procedural due process mandates that when a hearing before a civil service commission involves a question of removal, discharge, suspension or reduction in rank or pay, a quorum of the commission must be present in order for a hearing to be held and a final decision made.
State of West Virginia ex rel. Everett W. Dilley, et al. v. West Virginia Public Employees Retirement System, a public body corporate, et al., No. 19614 (W. Va. February 13, 1991) (Miller, C.J.): 184 W.Va. 570, 401 S.E.2d 916:
Rejecting a contention that local school board members may participate in the Public Employees Retirement System merely by making application, the Court held (1) a political subdivision, such as a county board of education, may participate in the public employees retirement system by a three-fifths vote of its governing board or by a majority vote of its electors; (2) the term "participating public employer," as used in W. Va. Code § 5-10-16, includes only those political subdivisions, including county boards of education, which have elected to cover their employees under the Public Employees Retirement System; (3) members of the legislative bodies of political subdivisions may not compel those bodies to become members of the Public Employees Retirement System by merely filing an appropriate enrollment form; and, (4) only those "in the employ of a political subdivision the date preceding the date it becomes a participating public employer," and not former employees, may become members of the Public Employees Retirement System.
Larry Mullett v. The City of Huntington Police Pension Board, No. 20277 (W. Va. December 18, 1991) (Workman, J.): 186 W.Va. 488, 413 S.E.2d 143:
Rejecting an attempt by a police officer to secure an early retirement based upon his service in the Air National Guard, the Court held that because his guard unit had not been "called into active duty for one year or more" pursuant to W. Va. Code § 8-22-27(a) (2), he was not entitled to early retirement. On the issue of what statute applied in determining the officer's pension rights, the Court held (1) police officers have no vested right to pension benefits before conditions for retirement imposed by statute have been satisfied; (2) when a police officer retires and ceases to contribute to the pension plan, his or her rights are vested; and, (3) prior to vesting, a police officer's pension rights may be amended provided that the changes are reasonable.
State ex rel. Ira Dadisman, etc., et al. v. W. Gaston Caperton, as Governor, et al., No. 20419 (W. Va. December 17, 1991) (McHugh, J.): 186 W.Va. 627, 413 S.E.2d 684:
Where the public employees' retirement system was determined to be actuarially sound, despite past underfunding, the Court held that appropriations to correct such past underfunding were not mandated by its previous decision in Dadisman v. Moore, 181 W.Va. 779, 384 S.E.2d 816 (1989), and further that a 1990 amendment to W. Va. Code § 5-10-28, which eliminated the divisions between state and public employer accounts, did not constitute an unconstitutional impairment of contract.
Ronnie Mounts v. Gerald L. Chafin, Sheriff of Mingo County, No. 20017 (W. Va. November 15, 1991) (Miller, C.J.): 186 W.Va. 156, 411 S.E.2d 481:
Affirming the dismissal of a deputy sheriff who failed to become properly certified, the Court held that (1) the employment of a law enforcement officer who fails to be certified under the Law Enforcement Training and Certification Act, W. Va. Code § 30-29-1, et seq., must be automatically terminated, and (2) any applicant or law enforcement officer who wishes to challenge a decision of the Governor's Committee on Crime, Delinquency and Corrections with regard to such certification must follow the provisions of the Administrative Procedures Act.
West Virginia Public Employees Retirement System v. Charles H. Dodd, No. 19205 (W. Va. July 20, 1990) (McHugh, J.): 183 W.Va. 544, 396 S.E.2d 725:
In affirming the complete forfeiture of retirement benefits for a public employee convicted of a felony related to his official duties, the Court held that such forfeiture does not constitute: (1) cruel and unusual punishment, (2) a bill of attainder, (3) a bill of pain and penalties, (4) an ex post facto law, (5) an impairment of contract, (6) a due process violation, (7) a forfeiture of estate, or (8) an ERISA violation.
Florence Neely v. R. Michael Mangum, Sheriff of Raleigh County, No. 19369 (W. Va. July 11, 1990) (Workman, J.): 183 W.Va. 393, 396 S.E.2d 160:
In affirming the discharge of a governmental employee for backdating a tax ticket and misrepresenting the nature of the purchase of certain office equipment, the Court held that employee failed to prove political retaliation and that the circumstances presented justified her termination even though criminal charges arising from those circumstances were eventually dismissed.
R. Michael Mangum, Sheriff of Raleigh County v. Robert L. Lambert, No. 19077 (W. Va. June 12, 1990) (Miller, J.): 183 W.Va. 184, 394 S.E.2d 879:
In affirming dismissal of a deputy sheriff who attempted to convince a fellow officer to drop drunk driving charges as a favor to a friend, the Court held that "just cause" under W. Va. Code § 7-14-17 means "misconduct of a substantial nature directly affecting the rights and interests of the public." On the other hand, the Court held that "just cause" does not mean misconduct of a "trivial or inconsequential" nature or technical violations of a statute or official duty without wrongful intention. With respect to the conduct at issue, the Court held that attempting to persuade a police officer to withdraw criminal charges for personal reasons may constitute obstruction of justice under W. Va. Code § 61-5-27, but even assuming arguendo, that it was not a technical violation of statute, such conduct was potentially damaging to the rights and interests of the public, and justified dismissal. Finally, the Court held that the burden of proving "just cause" is on the sheriff, and that decisions of a deputy sheriffs' civil service commission not based upon substantial evidence, contrary to the evidence, or contrary to law, will be reversed and set aside.
Jefferson County Board of Education v. Jefferson County Education Association and Betty Jo Walter, its President; et al., No. 19575 (W. Va. April 12, 1990) (Miller, J.): 183 W.Va. 15, 393 S.E.2d 653:
In affirming a circuit court award of an injunction against members of a teachers' union from continuing a work stoppage, the Court held that (1) in the absence of legislation, public employees do not have the right to strike and (2) the right of public employees to bargain collectively, to have mediation and binding arbitration, and to strike are matters best resolved in the legislative arena. In affirming the circuit court's certification of a class action against the teachers' union, the Court held that the propriety of a class action depends on whether (1) the persons constituting the class are so numerous as to make it impractical to bring them all before the court; (2) the name individuals joined will fairly insure adequate representation of the class; and, (3) the rights asserted against or on behalf of those in the class are of the character specified in the rule.
State of West Virginia ex rel. Garry R. Tenny v. Board of Education of Webster County, et al., No. 19265 (W. Va. December 21, 1989) (Workman, J.): 182 W.Va. 395, 387 S.E.2d 862:
In affirming circuit court's rejection of mandamus action by an individual who was elected school superintendent pursuant to the vote of a school board member, whose eligibility to hold such office was in controversy at the time of the superintendent's election, and who was later determined to be ineligible due to his chairmanship of the county executive committee, the Court held that the validity which ordinarily attends the act of a de facto officer under W. Va. Code § 6-5-3 does not apply when a person who would benefit therefrom knew or reasonably should have known that it was not the act of a 1egal officer.
Harold D. Carpenter and William M. Armentrout v. Junior R. Cobb, No. 19184 (W. Va. December 21, 1989) (Miller, J): 182 W.Va. 391, 387 S.E.2d 858:
In affirming a circuit court's removal of a school board member pursuant to his chairmanship of his political party's county executive committee, the Court held that a chairman selected by the members of a political party executive committee under W. Va. Code § 3-1-9 is ineligible to hold office as school board member under W. Va. Code § 18-5-1a which prohibits "an elected or an appointed member of any political party executive committee" from membership on a county board of education. In rejecting the argument that the statutory restriction violated the fundamental right to candidacy for elective office, the Court noted the interrelationship between the prohibition and the nonpartisan nature of school board elections, and held that insulation of county school boards from partisan politics constitutes a compelling state interest.