Former Mason deputy gets $24K in back pay following judge's ruling

By Lawrence Smith | Jan 12, 2012

POINT PLEASANT – Following a judge's ruling he was improperly fired, a former Mason County Sheriff's deputy has been given his salary while on hiatus and the opportunity to put everthing behind him.

Last month, Mason Circuit Judge Thomas C. Evans III ruled that Sheriff David Anthony II failed to provide Deputy Robert Glenn a pre-disciplinary hearing before firing him in March. Anthony's decision to terminate Glenn came following allegations he made an inappropriate remark about a Hannan High School student's T-shirt while stationed at the school as prevention resource officer.

Though Evans remanded the case to the county's Deputy Sheriff's Civil Service Commission, which in May upheld Anthony's decision, both Anthony's attorney, R. Michael Shaw, and Glenn's attorney, Michael Eachus, said prior to Christmas the case was over. However, neither provided any further details including if Glenn would be rehired.

In response to a Freedom of Information Act request, Chief Deputy and Acting Sheriff Jeff Fields provided The West Virginia Record a copy of an agreement reached between the Department and Glenn regarding his employment.

According to the agreement, Glenn would be reinstated as deputy, paid $24,243.56 in back pay and tender his resignation. All that occurred on Dec. 12.

Also, the Department agreed to remove all documentation regarding the allegations from Glenn's personnel file, and provide him a positive reference to future employers.

Aside from the $24,243.56 for his back pay, the Department agreed to pay Eachus $8,000 in attorneys fees.

Anthony did not participate in the settlement due to his placement under a protective order, and into court-ordered rehabilitation following his arrest on wanton endangerment charges Nov. 11. The week before Anthony was accused of firing shots over his son's head at his residence outside Point Pleasant.

Following his arraignment, Anthony was ordered to undergo in-patient substance abuse treatment for 90 days. According to the criminal complaint, Anthony fired the shots while intoxicated.

On Jan. 6, the Mason County grand jury indicted Anthony with 42 felonies and misdemeanors that included additional charges of child neglect creating risk of injury, domestic assault, and shooting near a dwelling that related to the Nov. 5 incident, and fraudulent scheme, embezzlement and unauthorized use of a purchase card that didn't. He as since pleaded not guilty to the charges, and is scheduled to go on trial April 10.

Though he is up for re-election this year, the Mason County Commission has announced it intends to file a petition for Anthony's removal from office once he completes his court-ordered treatment next month.

Mason Circuit Court case number 11-AA-95

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