WEST VIRGINIA RECORD

Nov. 12
Michael T. Dodson v. Sheriff Everett Boober, Chief. B. Subelsky, Sgt. J. Brown and Cpl. K. Boyce, members of the Hearing Board
PA-Michael L. Scales; J-Steptoe
* Dodson is a sergeant in the Jefferson County Sheriff's Department. Formal charges against the Petitioner include whether or not he lied to his superiors about having sexual relations with Cpl. Tracy Edwards. Dodson is informed that Boober has presented or will present to the Hearing Board the results of a polygraph test, ordered by Boober. According to the complaint, the reliance upon polygraph tests is misplaced and the results are subjective and may not be used in civil action. Dodson requests the results not be produced as evidence nor relied upon by the Hearing Board to make its determination of the formal charges and should be stricken from the investigation report and the Hearing Board should be ordered to ignore said polygraph results for determination. Dodson says he has no clear remedy at law since an adverse ruling on this matter may result in his discharge from employment and is requesting the Hearing Board shall exceed its lawful jurisdiction and Boober will have violated his employer obligations to Dodson if the results are presented to the Hearing Board. Dodson requests that the court issue a rule to show why Boober and the Hearing Board should not be prohibited from considering and receiving into evidence the results of the polygraph test in the hearing pursuant of the code to the punative action of discharge of Dodson for the hearing on internal investigation report of 2008-3 and to continue the hearing scheduled before the Hearing Board until the Court hears this matter as well as attorney fees and costs.
Case number: 08-C-455