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Berkeley County Sheriff's office addressing promotions overdue for some and promotions given to others that should not have been

May 17, 2012|By MATTHEW UMSTEAD | matthew.umstead@herald-mail.com

MARTINSBURG, W.Va. — Acting on a circuit court order, the Berkeley County Deputy Sheriffs’ Civil Service Commission has  determined four deputies should be promoted and three were ineligible for promotions they previously received.

Deputy Sgt. Theodore “Ted” Snyder, and Cpl. Thomas Young should be immediately promoted to the respective ranks of lieutenant and sergeant, and deputies Trent Heckman and Scott Myers are to be promoted to corporal, according to the Civil Service Commission’s May 3 order.

Deputies Brendan Hall, Trampus Boyles and William Christian were determined to be ineligible for promotions they previously received, the order said.

The commission determined that former Deputy Chris McCulley also would have received a promotion to sergeant had he not resigned, leaving an opening in the ranks.

The new promotions were made effective June 1, 2009, for all but Myers, whose promotion effective date was determined to be Jan. 6, 2009, according to an addendum to the May 3 order.

“Regarding the issue of back pay, the pay rates of the personnel to be promoted should be commensurate with the retroactive date of their respective promotions,” the commission said in their two-page order.

Sheriff Kenneth Lemaster said Thursday that he has consulted with his attorney and that his attorney talking with the commission’s attorney about the order, which was filed with County Clerk John W. Small Jr’s office.

Lemaster said his attorney is reviewing the commission’s order and other counter actions that have been taken before acting on the panel’s decision.

Lemaster confirmed he has $40,000 set aside in his 2012-13 budget, if needed, for the promotion changes in question.

The commission was ordered in March by 23rd Judicial Circuit Judge Christopher C. Wilkes to recalculate deputies’ scores used in making promotions after determining that the panel used two sets of rules that violated state law.

In addition to revisiting promotions previously decided, the commission amended its rules and regulations and adopted them in response to Wilkes’ findings.

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