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MANGUS v. ASHLEY

Nos. 23568, 23569, 23580.

487 S.E.2d 309 (1997)

199 W.Va. 651

Jimmy Lee MANGUS, Jr. and Richard D. Clarkson, Petitioners Below, Appellants, v. Arden D. ASHLEY, Sheriff of Kanawha County, and Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below, Appellees, and J.W. JOHNSON, II, Petitioner Below, v. The CIVIL SERVICE COMMISSION FOR DEPUTY SHERIFFS FOR KANAWHA COUNTY, and James C. Peterson, Kenneth Blake and William C. Porth, Constituting Members of the Said Commission, and Arden D. Ashley, Sheriff of Kanawha County, Respondents Below, and M.A. STILTNER and B.J. VanMeter, Petitioners Below, v. Art ASHLEY, Sheriff of Kanawha County, and the Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below. Jimmy Lee MANGUS, Jr. and Richard D. Clarkson, Petitioners Below, v. Arden D. ASHLEY, Sheriff of Kanawha County, and Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below, and J.W. JOHNSON, II, Petitioner Below, v. The CIVIL SERVICE COMMISSION FOR DEPUTY SHERIFFS FOR KANAWHA COUNTY, and James C. Peterson, Kenneth Blake and William C. Porth, Constituting Members of the Said Commission, and Arden D. Ashley, Sheriff of Kanawha County, Respondents Below, and M.A. STILTNER and B.J. VanMeter, Petitioners Below, Appellants, v. Art ASHLEY, Sheriff of Kanawha County, and the Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below, Appellees. Jimmy Lee MANGUS, Jr. and Richard D. Clarkson, et al. Petitioners Below, Gary R. Adkins and Raymond J. Flint, Petitioners Below, Appellants, v. Arden D. ASHLEY, Sheriff of Kanawha County, and Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below, Appellees, and J.W. JOHNSON, II, Petitioner Below, v. The CIVIL SERVICE COMMISSION FOR DEPUTY SHERIFFS FOR KANAWHA COUNTY, and James C. Peterson, Kenneth Blake and William C. Porth, Constituting Members of the Said Commission, and Arden D. Ashley, Sheriff of Kanawha County, Respondents Below, and M.A. STILTNER and B.J. VanMeter, Petitioners Below, v. Art ASHLEY, Sheriff of Kanawha County, and the Kanawha County Deputy Sheriffs' Civil Service Commission, Respondents Below.

Supreme Court of Appeals of West Virginia.

Decided April 11, 1997.

Rehearing Refused June 5, 1997.

Attorney(s) appearing for the Case

Arden J. Curry, II, Pauley, Curry, Sturgeon & Vanderford, Charleston, for Appellants Mangus and Clarkson.

James S. Chase, Robinson & McElwee, Charleston, for Appellees Civil Service Comm'n, Blake and Porth.

Phillip D. Gaujot, Cross Lanes, for Appellee Ashley.

Duane C. Rosenlieb, Jr., St. Albans, for Appellants Stiltner and VanMeter.

James C. Stucky, Charleston, for J.W. Johnson.

Gary R. Adkins, Appellant, Pro se.

Michael J. Del Guidice, Ciccarello, Del Guidice & LaFon, Charleston, for Amicus Curiae Randy West, et al.

Raymond J. Flint, Appellant, Pro se.

STARCHER, Justice:

The appellants in this case, who at the times pertinent to this appeal were serving as Kanawha County deputy sheriffs, contend that performance appraisals may not be used in selecting deputies for promotion. The appellants contend that only seniority and scores on competitive examinations are legitimate selection criteria. The circuit court approved the use of seniority, examinations, and performance...

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