City of Beckley v. Price, 14105

• Decision Date: 04 April 1980
• Docket Number: No. 14105,14105
• Citation: 264 S.E.2d 468,164 W.Va. 423
• Parties: CITY OF BECKLEY v. David PRICE.
• Court: West Virginia Supreme Court

Page 468

264 S.E.2d 468

164 W.Va. 423

CITY OF BECKLEY v. David PRICE.

No. 14105.

Supreme Court of Appeals of West Virginia.

April 4, 1980.

Syllabus by the Court

"A final order of a police civil service commission based upon a finding of fact will not be reversed by a circuit court upon appeal unless it is clearly wrong or is based upon a mistake of law." Syl. pt. 1, Appeal of Prezkop, 154 W.Va. 759, 179 S.E.2d 331 (1971).

James M. Brown, Beckley, for appellant.

W. A. Thornhill, III, Thornhill, Kennedy & Vaughan, Beckley, for appellee.

PER CURIAM:

In this appeal from a final judgment of the Circuit Court of Raleigh County, the City of Beckley challenges the circuit court's reversal of the Beckley Policemen's Civil Service Commission's order upholding the mayor's discharge of City Patrolman David Price. The City appeals to this Court contending the circuit court should have affirmed the Commission.

In Beckley, West Virginia, on the night of July 31 and the early morning of August 1, 1976, David Price became involved in a series of events which resulted in a police department investigation of his conduct. Based on the results of that investigation, the police chief recommended to the mayor that Price be discharged. On August 18, Price received a letter indicating that he was discharged for his violation of certain rules and regulations of the City of Beckley Police Department. The letter set forth six rules that Price allegedly violated. The following day Price requested a hearing before the Policemen's Civil Service Commission.

After holding a hearing, the Commission upheld the discharge. On January 18, 1977, Price filed a petition with the circuit court asking that the court review the Commission's decision, reverse it, and order his reinstatement. The circuit court considered the matter on the record made before the Commission, and reversed the Commission's decision.

When a circuit court reviews the proceedings of a policemen's civil service commission, the commission's findings of fact are conclusive, and should not be disturbed unless they are not supported by the evidence, contrary to the evidence, or are based on a mistake of law. Syl. pt. 1, Appeal of Prezkop, 154 W.Va. 759, 179 S.E.2d 331 (1971).

In reviewing the circuit court's judgment, this Court determines if the circuit court applied the correct standard of law, which in this case was the standard as set forth above from Prezkop. Then, by applying that standard to the record before the circuit court we must determine whether the circuit court reached the correct result.

Citing in its opinion, Appeal of Prezkop, supra, the circuit court concluded the record contained sufficient evidence to support the Commission's decision that the City had met its burden of showing just cause for the dismissal. Our review of the record indicates this conclusion was correct. The City did meet its burden of showing just cause for appellee's dismissal. The circuit court should have affirmed the Commission's decision; however, the court reversed the decision because it found as fact that the record before the Commission was ". . . devoid of proof of the adoption of rules and regulations that the respondent is charged with violating . . . .", and upon that finding concluded the City's case was fatally...