Robert Matheny, Sheriff v. Lieutenant Gregory Scolapio

FILED November 9, 2017 released at 3:00 p.m. No. 16-0840 - Robert Matheny, Sheriff of Harrison County EDYTHE NASH GAISER, CLERK v. Lieutenant Gregory Scolapio SUPREME COURT OF APPEALS OF WEST VIRGINIA Justice Ketchum, dissenting: In Syllabus Point 6 of Burgess v. Moore,1 this Court incorrectly held that W.Va. Code § 7-14C-3 (1995) (Repl. Vol. 2006) contemplates two distinct types of hearings for a deputy sheriff facing discharge, suspension, or reduction in rank or pay. I would overrule Syllabus Point 6 of Burgess because it is an incorrect statement of law. The clear language of W.Va. Code §…