FORMER BRAXTON TROOPER PROTESTING DISMISSAL - Staley Seeking Reinstatement

(02/15/2003)
Former Braxton County Trooper Mark Staley is protesting his dismissal from the West Virginia State Police.

Staley was caught up in allegations made against officers after Sgt. John Bonazzo made a list of eleven Braxton citizens on a "target list" to "not be given any breaks."

The Office of Veterans' Employment and Training in the U.S. Department of Labor is referring the former State Police trooper's discrimination case to the U.S. Attorney in Charleston for prosecution at his discretion.

Staley, last stationed in Braxton County, filed a discrimination complaint on Feb. 28, 2002 with the federal office after he was terminated on Dec. 13, 2001, just before the end of his police probation.

State Police Superintendent Howard Hill declined to clarify why Staley didn't make probation, although he told Charleston newspapers it didn't have anything to do with Staley's military service.

Staley contends the reason he was dismissed was associated with his service in the Marine Corps Reserve. Hill apparently doesn't agree with the Office of Veterans' Employment and Training, but said it's up to the U.S. Attorney's Office whether they want to move forward with the issue.

The State Police declined an FOIA at the time, validating Staley's dismissal as a State Policeman.

He was hired by the State Police on Oct. 26, 1998, and was activated on July 17, 1999, for a two-week training exercise. He injured a knee on July 20, 1999, and was released by his doctor on Feb. 12, 2001, to return to work as a trooper.

According to findings by the Office of Veterans' Employment and Training, Staley wasn't allowed to return to work until after a State Police doctor concurred on March 26, 2001.

In a letter to Staley's attorney, Veterans' Employment and Training Director Charles W. Stores Jr. reportedly said Staley's complaint was meritorious because three evaluating officers recommended that Staley be retained in three probationary reports. Staley's detachment commander Sgt. John Bonazzo had no problems with his performance, according to Stores.

Regional Administrator Joseph Hortiz Jr. reportedly notified Rep. Nick Joe Rahall's office on Nov. 6 that Staley's investigative file was being prepared for referral to the U.S. Attorney's Office.

Staley said, according to a Charleston newspaper, the State Police put him on unpaid leave on Aug. 24, 1999, and he received a letter in July 2001 that ordered him back to work by Aug. 24, 2000, or he would lose his job.

Because he was on military duty, federal law gave him two years to be off work, and Staley said he filed his complaint with the Office of Veterans' Employment and Training, seeking reinstatement and reimbursement for lost wages. Staley said he went through major surgery on his knee, and he couldn't stay in the reserve unit but could continue in the State Police.