Hancock Co. Commission raised deputy's premiums, suit alleges

NEW CUMBERLAND -- A deputy sheriff is suing a county commission after they voted for him to pay more of his health insurance premiums.

Timothy Raines filed a lawsuit March 20 in Hancock Circuit Court against the County Commission of Hancock County, citing detrimental reliance, discrimination and demand for injunction and/or writ of prohibition.

The lawsuit states Raines, who began working as a deputy sheriff in 2012, is required to pay 20 percent of his premiums because the county commission passed a motion in their March 5, 2009, meeting for all new employees and officials to pay the percentage. The motion was not properly advertised or placed on the agenda of the March 5, 2009, county meeting, the complaint said.

While the motion includes elected officials, none elected after Sept. 4, 2008, are required to pay the percentage of health benefits, the complaint states. The county is violating the West Virgina Code and the West Virginia Civil Service for Deputy Sheriffs Act by requiring Raines to pay the percentage when others deputy sheriffs are not required to pay, the complaint said.

Raines is seeking damages of $5,257.38, plus any health, dental and vision premiums paid from the time the complaint was filed, punitive damages, court costs and interest. He is also seeking an injunction or writ of prohibition for any further deductions from his pay for benefits.

Raines is being represented by April Manypenny Raines of Manypenny Raines Law Office PLLC. The case has been assigned to Circuit Judge Ronald E. Wilson.

Hancock Circuit Court Case No. 14-C-44