Legal Opinion · Dissent

Berry v. Boone County Ambulance Authority

West Virginia Supreme Court

Decided March 12, 1986No. 16276Published

1DissentMcGRAW, Justice

I disagree with the majority’s interpretation of the relevant portion of the Boone County Ambulance Authority’s Policy and Procedure Manual. The clear import of the provision is to require the Authority to offer an available full-time position to any qualified part-time employee before soliciting any applicants from outside the organization. It is well-established in this jurisdiction that “ ‘[a]n administrative body must abide by the remedies on procedures it properly establishes to conduct its affairs.’ Syl. Pt. 1, Powell v. Brown, 160 W.Va. 723, 238 S.E.2d 220 (1977).” Syllabus, Hooper v.…

2Cases cited3 opinions

  1. Powell v. BrownWest Virginia Supreme Court · 1977
  2. Trimboli v. Board of EducationWest Virginia Supreme Court · 1979
  3. Hooper v. JensenWest Virginia Supreme Court · 1985

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