Mullins v. Kiser

BROTHERTON, Justice:

This case is before the Court on the following certified question from the Circuit Court of Lincoln County: “Whether an employee of a County Board of Education may be removed pursuant to the proceedings under W.Va. Code § 6-6-7.” In certifying this issue, the circuit court indicated that it would rule in the negative. We agree, for the reasons set out below.

West Virginia Code § 6-6-7 (1979) provides for removal by a circuit court of a person holding “any county, magisterial district, independent school district, or municipal office, including the office of a member of a…