981936 City of Virginia Beach v. Hay 09/17/1999 Section 2-166 of the Virginia Beach City Code, providing that assistant city attorneys be appointed, non-merit employees, is a reasonable implementation

State: Virginia

Court: Supreme Court

Docket No: 981936

Case Date: 09/17/1999

Plaintiff: 981936 City of Virginia Beach

Defendant: Hay 09/17/1999 Section 2-166 of the Virginia Beach City Code, providing that assistant city attorne

Preview:Present:

All the Justices

CITY OF VIRGINIA BEACH v. Record No. 981936 OPINION BY JUSTICE ELIZABETH B. LACY September 17, 1999

DAVID S. HAY FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH J. Warren Stephens, Judge Designate David S. Hay filed a grievance with the City of Virginia Beach (the City) protesting the termination of his employment as an assistant city attorney. When the City refused to process

Hay's grievance, claiming that he was an appointed, non-merit employee ineligible to participate in the grievance process, Hay filed this proceeding. The trial court, citing Dillon's Rule,

held that the City did not have the statutory authority to hire Hay as an appointed employee, and, therefore, that Hay was a merit employee eligible to participate in the City's grievance process. We granted the City an appeal, and we now conclude

that

Download 1981936.pdf