Robert Matheny, Sheriff v. Lieutenant Gregory Scolapio

I concur with the majority's decision to affirm the circuit court's order finding that the Sheriff was an interested party entitled to intervene in the proceedings below and that Lieutenant Scolapio should have been afforded a de novo hearing before the Harrison County Civil Service Commission for Deputy Sheriffs. I write separately because the majority decision misconstrues Burgess v. Moore, 224 W.Va. 291, 685 S.E.2d 685 (2009), and ignores the plain language of West Virginia Code § 7-14C-3(b) (2015), resulting in a failure to recognize that certain instances of misconduct can be so…