Angle v. Overton

7 Citing cases

  1. Jenkins v. Weatherholtz

    909 F.2d 105 (4th Cir. 1990)   Cited 71 times   1 Legal Analyses
    Holding that Virginia Sheriffs are "independent constitutional officerfs]," and that deputies, who serve at the discretion of Sheriffs, are "not employees of the local governing body"

    But he contends that Sheriff Weatherholtz's adoption of the Employees Handbook gave rise to a constitutionally protectible interest. And he further contends that the Virginia Supreme Court in Angle v. Overton, 235 Va. 103, 365 S.E.2d 758 (1988), acknowledged limitations on the discretion of county sheriffs consistent with the recognition of such an interest. After reviewing the relevant statutory provisions and case law, we address each of these contentions.

  2. Harris v. City of Virginia Beach, Va.

    923 F. Supp. 869 (E.D. Va. 1996)   Cited 2 times
    Denying motion to stay judgment pending appeal to the Supreme Court because such stay "may be granted by the judge of the court rendering the judgment or decree or by a justice of the Supreme Court. . . Accordingly, the Court holds that it is without authority to stay the mandate"

    The City argues that because the constitutional claim fell, the personnel grievance board decision necessarily becomes binding and non-justiciable. However, we have no record on appeal of any such ruling and are now presented with not only the issue of the application of Zicca [v. City of Hampton, 240 Va. 468, 397 S.E.2d 882 (Va. 1990)] and Angle [v. Overton, 365 S.E.2d 758 (Va. 1988)] to this case, but also — for the first time — the validity of the state law claim where the accompanying constitutional claim has failed. We believe the more appropriate course of action is to allow the district court the initial opportunity to address these issues, now presented for the first time because of our ruling.

  3. Virginia Dept. of Envtl. Quality v. Wright

    256 Va. 236 (Va. 1998)   Cited 5 times
    Finding that the circuit court erred in enforcing a grievance panel's recommendation as if it were a binding decision

    The hearing officer's "recommendation," while included within his written opinion, was not a "decision" within the meaning of § 2.1-116.07 (D) allowing implementation "of the hearing officer's decision." [10-11] This Court's ruling in Angle v. Overton, 235 Va. 103, 365 S.E.2d 758 (1988), heavily relied upon by the employee, is not controlling. Angle was "decided substantially in [the employee's] favor" by a grievance panel. Id. at 104, 365 S.E.2d at 758.

  4. LaRock v. City of Norfolk

    872 S.E.2d 432 (Va. 2022)   Cited 3 times
    Finding "[b]y applying the clean hands doctrine [to a petition to implement a grievance panel decision], the circuit court invoked its equitable powers where it was not entitled to do so"

    Furthermore, a circuit court may not consider a grievance de novo , because the grievance panel's decision is binding on the circuit court. Id. ; seeAngle v. Overton , 235 Va. 103, 106-07, 365 S.E.2d 758 (1988) ("[I]f [the City] w[as] free either to accept or to reject the panel's decision, the decision would not be binding and the grievance procedure mandated by the General Assembly would be rendered impotent."); see alsoZicca v. City of Hampton , 240 Va. 468, 471, 397 S.E.2d 882 (1990) (reversing a circuit court's decision after determining the circuit court failed to implement the panel's binding decision to reinstate an employee to the employee's previous position).

  5. Dep't of Taxation v. Daughtry

    19 Va. App. 135 (Va. Ct. App. 1994)   Cited 3 times
    In Virginia Department of Taxation v. Daughtry, 19 Va.App. 135, 449 S.E.2d 57 (1994), Daughtry, the grievant therein, petitioned the circuit court to implement a grievance panel decision.

    Neither case addressed the issue of appellate jurisdiction. See also Angle v. Overton, 235 Va. 103, 365 S.E.2d 758 (1988). Code Sec. 2.1-114.5:1(D) (4) (d) provides, in pertinent part:

  6. Jenkins v. Weatherholtz

    719 F. Supp. 468 (W.D. Va. 1989)   Cited 4 times

    The additional element which plaintiff argues has worked a change in the traditional approach to this type of case was the Virginia Supreme Court's decision in Angle v. Overton, 235 Va. 103, 365 S.E.2d 758 (1988). In Angle, a sheriff's deputy had been demoted and brought a grievance under the Franklin County employee grievance procedures.

  7. Zicca v. City of Hampton

    240 Va. 468 (Va. 1990)   Cited 6 times
    Holding that the "grievance panel's decision is binding on the City" and that the circuit court erred in finding that the City "had technically complied" with the decision

    Code Sec. 15.1-7.2 requires each governing body to establish procedures which are consistent with the provisions of the state grievance procedure. The grievance panel's decision is binding on the City. Angle v. Overton, 235 Va. 103, 106, 365 S.E.2d 758, 759-60 (1988). The City stipulated that Zicca never performed the duties of a golf course superintendent when he returned to the City's employ.