Robert Matheny, Sheriff of Harrison County v. Lieutenant Gregory Scolapio

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order granting mandamus relief to Lieutenant Gregory Scolapio. The court held that a deputy sheriff who has received a pre-disciplinary hearing before a hearing board is entitled to a de novo evidentiary hearing before the county civil service commission under West Virginia law. The court also upheld the Sheriff’s intervention in the mandamus proceedings.

Holdings

1. The Sheriff was properly permitted to intervene because he had a cognizable and direct interest in litigation concerning disciplinary action that he initiated and that could affect his decision to recommend Scolapio's termination.
2. West Virginia Code § 7-14-17 requires the Civil Service Commission to grant a deputy sheriff's timely request for a public, de novo evidentiary hearing after disciplinary action. The statutory scheme provides both a pre-disciplinary hearing before a hearing board and a subsequent hearing before the Civil Service Commission.

Questions Presented

1. Whether the Sheriff was properly permitted to intervene in Scolapio's mandamus proceeding.
2. Whether West Virginia Code § 7-14-17 required the Civil Service Commission to provide Scolapio a de novo evidentiary hearing after his termination and pre-disciplinary hearing-board proceeding.

Disposition

affirmed