Sunday, June 01, 2008
Mingo County Deputy Files New Civil Action Complaint Against Sheriff.
WILLIAMSON – A two-year battle of back-and-forth legal actions by a Mingo County sheriff’s deputy and his superior, the sheriff, continues with the filing of a new complaint in what has been compared to a tug-of-war.The plaintiff, Roy Glenn Messer of Kermit, filed a new civil action earlier this month in Mingo Circuit Court, seeking damages for alleged discrimination, retaliation, harassment and intimidation.Named as defendants are Greg Smith, John Mark Hubbard and David Baisden, in their capacities as the elected membership of the Mingo County Commission, and Lonnie Hannah, in his capacity as sheriff of Mingo County.The suit was filed on Messer’s behalf by Williamson Attorney C. Christopher Younger. It claims the action arises out of violations of the provisions of the Constitutions of the United States and the state of West Virginia.
Messer was hired by the Mingo County Sheriff’s Department on April 1, 1996. He complains that during the tenure of Hannah as sheriff, he has been subjected to various on-the-job forms of discrimination, starting with the promotion of another individual to the rank of lieutenant about Feb. 8, 2006 without properly considering the rules, regulations and statutes of the state of West Virginia, and without properly considering the superior qualifications of the plaintiff.Å grievance was filed by Messer with the Mingo County Deputy Sheriff’s Civil Service Commission on Feb. 17, 2006, regarding actions of the sheriff and his failure to promote the plaintiff. That same month, the sheriff changed Messer’s work schedule, the first of five such changes during the course of the problems between the deputy and the sheriff.During the more than two years’ duration of the differences between the two litigants, Messer received three suspensions but the first suspension on March 20, 2006 was rescinded. His second suspension, without pay, came on May 11, 2006, based on the sheriff’s requested investigation of the plaintiff for allegedly billing the Sheriff's Department for overtime for which he allegedly did not accrue.Meanwhile, Messer received a letter informing him that his application to the West Virginia State Police 57th Cadet Class would receive no further consideration. Plaintiff claimed that action was based on his previous suspensions by the sheriff in March and in May 2006.A lengthy hearing on plaintiff’s May 2006 suspension led to a Final Order by the Mingo County Commission on Sept. 19, 2006, ruling in favor of the plaintiff and finding that the sheriff did not have just cause for an indefinite suspension without pay. The Commission further ruled that Messer was to be reinstated to his former rank and position with full pay and that no charges were to be recorded against him. The sheriff appealed that order Nov. 2, 2006.The six-page complaint of Messer outlines other grievances during the period ending in February of this year. The complaint states that the plaintiff received a letter Jan. 5, 2007, advising him to turn in any equipment or items associated with the Special Response Team, as his position on said team had been vacated. Meanwhile, the sheriff appealed the Commission’s Sept. 19 order and a hearing was held in Circuit Court.On Jan. 23, 2007, the Sheriff’s office, in a letter to the plaintiff, accused him of using a county vehicle when working as security at Southern West Virginia Community and Technical College. The deputy was required to write a letter explaining why he was using a county cruiser for private work without permission.A Circuit Court Final Order on Jan. 30, 2007 denied the sheriff’s appeal of the Commission’s Final order of Sept. 19, 2006 that reinstated Messer to his former rank and position with full pay.The sheriff continued to seek criminal prosecution of the deputy and the matter found its way to the Mingo County Grand Jury, but no true bill was reported and no criminal charges were brought against the plaintiff.During ensuing months, plaintiff sought payment for mileage for the use of his personal vehicle because his cruiser was not being used due to mechanical problems, but reimbursement was denied. The deputy also sought overtime pay for duties in Magistrate Court but did not receive it, and later received a letter from the sheriff’s office, asking explanation of the request for overtime.At one point, plaintiff was suspended for alleged insubordination and refusing to obey orders, and on April 5, 2007, was informed by a letter from the sheriff that his employment had been terminated on the same charges contained in a March letter of suspension. The Commission upheld the 10-day suspension without pay but refused plaintiff’s termination and ordered the sheriff to allow him to return to work.Other grievances filed by the plaintiff featured the more than two years of his differences with the sheriff. Although the Commission ordered Messer to be paid for an additional 10 days he missed from work between his April 5, 2007 termination and his April 20 reinstatement, and later ordered that the plaintiff be paid holiday pay for five holidays he missed during his May 12, 2006 suspension, the three county commissioners now find themselves listed as defendants in the latest complaint filed by Messer.The complaint alleges that all of the acts that took place during the two-year period beginning Feb. 8, 2006, took place with the knowledge and acquiescence or failure to act on the part of the Mingo County Commission.Meanwhile, the sheriff’s appeal of the Mingo County Court’s Final Order of May 29, 2007, denying the County Commission’s ruling favoring reinstatement of Messer with full pay, was heard by the West Virginia Supreme Court on Feb. 12, 2008. A decision by the high court is still pending.The plaintiff claims to have been severely damaged in a number of ways, including but not limited to, loss of employment with the West Virginia State Police, loss of income and enjoyment of life, severe emotional district, which continues, and severe embarrassment and degradation, which continue. The plaintiff seeks awards of compensatory and punitive damages, costs incurred in prosecution of the action and any and other relief the court might deem appropriate.
Courtesy : Charlotte Sanders of Williamson Daily News.
Messer was hired by the Mingo County Sheriff’s Department on April 1, 1996. He complains that during the tenure of Hannah as sheriff, he has been subjected to various on-the-job forms of discrimination, starting with the promotion of another individual to the rank of lieutenant about Feb. 8, 2006 without properly considering the rules, regulations and statutes of the state of West Virginia, and without properly considering the superior qualifications of the plaintiff.Å grievance was filed by Messer with the Mingo County Deputy Sheriff’s Civil Service Commission on Feb. 17, 2006, regarding actions of the sheriff and his failure to promote the plaintiff. That same month, the sheriff changed Messer’s work schedule, the first of five such changes during the course of the problems between the deputy and the sheriff.During the more than two years’ duration of the differences between the two litigants, Messer received three suspensions but the first suspension on March 20, 2006 was rescinded. His second suspension, without pay, came on May 11, 2006, based on the sheriff’s requested investigation of the plaintiff for allegedly billing the Sheriff's Department for overtime for which he allegedly did not accrue.Meanwhile, Messer received a letter informing him that his application to the West Virginia State Police 57th Cadet Class would receive no further consideration. Plaintiff claimed that action was based on his previous suspensions by the sheriff in March and in May 2006.A lengthy hearing on plaintiff’s May 2006 suspension led to a Final Order by the Mingo County Commission on Sept. 19, 2006, ruling in favor of the plaintiff and finding that the sheriff did not have just cause for an indefinite suspension without pay. The Commission further ruled that Messer was to be reinstated to his former rank and position with full pay and that no charges were to be recorded against him. The sheriff appealed that order Nov. 2, 2006.The six-page complaint of Messer outlines other grievances during the period ending in February of this year. The complaint states that the plaintiff received a letter Jan. 5, 2007, advising him to turn in any equipment or items associated with the Special Response Team, as his position on said team had been vacated. Meanwhile, the sheriff appealed the Commission’s Sept. 19 order and a hearing was held in Circuit Court.On Jan. 23, 2007, the Sheriff’s office, in a letter to the plaintiff, accused him of using a county vehicle when working as security at Southern West Virginia Community and Technical College. The deputy was required to write a letter explaining why he was using a county cruiser for private work without permission.A Circuit Court Final Order on Jan. 30, 2007 denied the sheriff’s appeal of the Commission’s Final order of Sept. 19, 2006 that reinstated Messer to his former rank and position with full pay.The sheriff continued to seek criminal prosecution of the deputy and the matter found its way to the Mingo County Grand Jury, but no true bill was reported and no criminal charges were brought against the plaintiff.During ensuing months, plaintiff sought payment for mileage for the use of his personal vehicle because his cruiser was not being used due to mechanical problems, but reimbursement was denied. The deputy also sought overtime pay for duties in Magistrate Court but did not receive it, and later received a letter from the sheriff’s office, asking explanation of the request for overtime.At one point, plaintiff was suspended for alleged insubordination and refusing to obey orders, and on April 5, 2007, was informed by a letter from the sheriff that his employment had been terminated on the same charges contained in a March letter of suspension. The Commission upheld the 10-day suspension without pay but refused plaintiff’s termination and ordered the sheriff to allow him to return to work.Other grievances filed by the plaintiff featured the more than two years of his differences with the sheriff. Although the Commission ordered Messer to be paid for an additional 10 days he missed from work between his April 5, 2007 termination and his April 20 reinstatement, and later ordered that the plaintiff be paid holiday pay for five holidays he missed during his May 12, 2006 suspension, the three county commissioners now find themselves listed as defendants in the latest complaint filed by Messer.The complaint alleges that all of the acts that took place during the two-year period beginning Feb. 8, 2006, took place with the knowledge and acquiescence or failure to act on the part of the Mingo County Commission.Meanwhile, the sheriff’s appeal of the Mingo County Court’s Final Order of May 29, 2007, denying the County Commission’s ruling favoring reinstatement of Messer with full pay, was heard by the West Virginia Supreme Court on Feb. 12, 2008. A decision by the high court is still pending.The plaintiff claims to have been severely damaged in a number of ways, including but not limited to, loss of employment with the West Virginia State Police, loss of income and enjoyment of life, severe emotional district, which continues, and severe embarrassment and degradation, which continue. The plaintiff seeks awards of compensatory and punitive damages, costs incurred in prosecution of the action and any and other relief the court might deem appropriate.
Courtesy : Charlotte Sanders of Williamson Daily News.
# posted by Joe Kinzer @ 8:07 AM 
