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Crawford v. Erwin
Citations: 297 S.E.2d 206; 171 W. Va. 7; 1982 W. Va. LEXIS 886Docket: 15557
Court: West Virginia Supreme Court; October 14, 1982; West Virginia; State Supreme Court
Elizabeth C. Crawford petitioned for a writ of mandamus to compel the West Virginia Civil Service Commission to hear her civil service appeal after her dismissal as a correctional officer. The Commission had dismissed her appeal as untimely, asserting it was postmarked after the deadline which was set for January 1, a legal holiday in West Virginia. Crawford argued that under W.Va. Code § 2-2-2, her appeal filed on January 2 was timely since the last day of the appeal period fell on a holiday. The Supreme Court of Appeals of West Virginia agreed with Crawford, stating that the relevant statutes (W.Va. Code §§ 2-2-1 and 2-2-2) indicate that if the deadline falls on a holiday, it is extended to the next business day. The court clarified that the Commission is not authorized to restrict the appeal period defined by W.Va. Code § 29-6-15, which allows employees to appeal dismissals within thirty days. The court emphasized that the Commission’s interpretation of its own regulations was legally unsound, leading to a reversal of the Commission's dismissal of Crawford’s appeal. Consequently, the court granted the writ of mandamus, directing the Commission to proceed with the merits of Crawford's appeal.