(DOWNLOAD) "City of Desoto" by Supreme Court of Appeals of West Virginia # Book PDF Kindle ePub Free

July 07, 2021

eBook details

Title: City of Desoto
Author : Supreme Court of Appeals of West Virginia
Release Date : January 19, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

A police officer who has been suspended from duty has a right to appeal that action to either a civil service commission or to an independent, third-party hearing examiner. If the officer appeals to a hearing examiner, his ability to seek further review in a district court is severely limited. The suspended police officer in this case elected to appeal to a hearing examiner, but the City failed to inform him of the appeal limitation, as it was required to do by statute. The court of appeals concluded that the notification requirement is jurisdictional, and that its omission deprives a hearing examiner of authority to hear an appeal. 232 S.W.3d 379, 383--84. However, we hold that the pre-appeal notice provision is not jurisdictional. Accordingly, we reverse the court of appeals judgment.