Cogan v. City of Wheeling

Harshbarger, Chief Justice:

This is an appeal by Timothy Francis Cogan, former Executive Director of the Wheeling Human Rights Commission (hereinafter referred to as Commission), from an adverse declaratory judgment ruling of the Circuit Court of Ohio County. His claim is based on the allegation that he was improperly discharged from his employment by the Wheeling City Council. We agree and reverse the judgment below.

The Wheeling Human Rights Commission was created by the City of Wheeling by an ordinance under the authority of W.Va. Code, 5-11-12. The ordinance was adopted on July 18, 1972.…