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Commissioner records legal opinion after deputy asks about demotion; letter cites West Virginia statutes
Summary
A commissioner read and filed a letter to Deputy Merson on June 18, 2025, outlining statutory avenues for hearings and concluding there appears to be no available statutory path to reinstate a former rank absent specific procedures; the letter cites West Virginia Code Chapter 7, Article 14.
Commissioner Wilson read into the record a letter he provided to Deputy Merson after the deputy contacted him about a demotion. The letter, dated June 5, 2025, summarizes the deputy’s concerns, reviews applicable state statutes and case law, and offers a nonbinding opinion about possible remedies.
Commissioner Wilson told the commission he reviewed West Virginia State Code Chapter 7, Article 14 and related provisions, as well as deputy sheriff civil service rules and West Virginia Supreme Court of Appeals decisions. The letter cites statutory provisions that require written notice of reasons for disciplinary action, a right to a hearing, and procedures for investigations. The letter explains that reinstatement as described in W.Va. Code § 7‑14‑8 applies to rehiring a former deputy and does not appear to provide a mechanism to restore a deputy’s former rank when the deputy remains employed but was reduced in grade.
Commissioner Wilson read his concluding paragraph aloud and described it as “my conclusion, my opinion and not a finding of fact or law.” He advised that the deputy may petition the civil service commission for a formal decision or consult private legal counsel and that, because the incident in question occurred some time ago, seeking legal advice would likely be the prudent next step.
Commission members recorded the letter in the civil service file and discussed that a formal petition would be the next procedural step if the deputy seeks a binding finding. The commission did not take further formal action on the matter during the meeting.
