Published: May 12, 2008 09:50 pm         

Former deputy battling with county for benefits

Conversion of unused sick days at issue

Keith Harold spent 15 years inside the uniform of a deputy sheriff battling crime before leaving with disabilities. Now, he finds himself in a struggle with Raleigh County over post-employment benefits.

As the talks between his Charleston attorney and the county’s legal adviser continue, Harold remains without insurance.

At issue is whether he can convert unused sick days into coverage with the Public Employees Insurance Agency.

In normal retirement in which disability isn’t a factor, says his attorney, Mark Moreland, a former public worker may either extend his actual retirement years, or convert the unspent sick leave into PEIA coverage.

Moreland says the law is in his client’s favor.

“If you’re a state employee or county employee that has PEIA and therefore a member of PEIA, then you can convert it,” he said Monday. “The statute says so. Under the deputy sheriff’s retirement, it says you can do this after age 55. But he’s not doing it under that system. He trying to do it under his rights as a PEIA member.”

Moreland says the case raises questions about Raleigh County’s decision a year ago to set up a special escrow account to cover post-employment benefits.

Just recently, Commission President Pat Reed said the county has been depositing about $12,000 into it monthly to avoid an accumulated bill down the road.

“That escrow is not doing him a bit of good,” Moreland said.

A call placed to commission attorney Bill Roop’s law office wasn’t returned.

Harold initially was injured in a dustup inside Crossroads Mall in 2006, when he tried to break up a brouhaha and was mobbed by some rowdies who sought to disarm him of his service revolver while shouting, “Shoot the pig!”

The following year, Moreland said, Harold reinjured his neck in a fight with an intruder at a residence. After the first incident, he began to suffer post-traumatic stress disorder, Moreland said.

Moreland quoted county officials as saying Harold wasn’t entitled to any sick leave and couldn’t use leave for PEIA benefits.

“It’s right in the PEIA statute,” the attorney said. “You can do it. I pointed this out to (Administrator Dennis) Sizemore. This is state law, regardless of what the county policy is.”

Since the county wouldn’t recognize any sick leave, Moreland said he at least got the paperwork started by agreeing to let “zero” be penciled in, “so he can at least buy his insurance.”

Moreland says his client had “a bunch of days” saved up before suffering injuries in the 2006 and 2007 incidents.

“He was off because of on-the-job issues, and they’re not supposed to come off sick leave, but they took it off his sick leave,” the attorney said.

“That’s an issue. That becomes secondary. We’ve got to get established that he’s entitled to his benefit that every state and county employee is entitled to. They’re saying that deputies have never been able to do that. That’s just not true. The statute is very clear. It defines employer as the state of West Virginia and any county that prescribes to PEIA. It defines employees as anybody that works for those entities. It’s as clear as the nose on your face.”

— E-mail: mannix@register-herald.com