Deputy decision could affect similar Mason case

POINT PLEASANT – The state Supreme Court's recent decision in the appeal of a former Jefferson County deputy sheriff's termination has implications for a pending case in Mason County where a former deputy sheriff there alleges he, too, was not provided a pre-disciplinary hearing prior to his termination.

A month before the Court rendered its decision reversing Jefferson Circuit Judge David Sander's ruling upholding the county's Deputy Sheriff's Civil Service Commission's decision affirming Sheriff Robert Shirley's termination of Sgt Michael T. Dodson, former Mason County Deputy Sheriff Robert Glenn appealed his termination to Mason Circuit Court.

In March, Mason County Sheriff David Anthony fired Glenn, who was assigned to Hannan High School as a school resource officer, after he was accused of making an inappropriate comment about a female student's T-shirt.

In his appeal to circuit court, Glenn is asking Judge Thomas C. Evans III to overturn Mason's civil service commission's decision finding in Anthony's favor on the grounds Anthony did not give him a pre-disciplinary hearing. Glenn cited testimony Anthony gave at the Commission's hearing admitting he did not give him a pre-disciplinary hearing because he hadn't gotten approval yet for the three-member panel.

Glenn's attorney, Michael Eachus, cited the Court's 2009 decision in Burgess v. Moore where it reversed Raleigh Circuit Judge John Hutchison's 2008 ruling upholding Sheriff Daniel W. Moore's demotion of Randy Burgess from corporal to deputy. In its opinion in Dodson's case, the Court referred to the Burgess decision.

The West Virginia Record attempted to get a comment from both Eachus and R. Michael Shaw, Anthony's attorney, for a comment on what impact the Dodson decision may have in Glenn's case. Eachus declined comment, and Shaw was not immediately available.

A hearing is scheduled before Evans on Monday, Dec. 12.

Mason Circuit Court case number 11-AA-95