Case Details

Issues

Attorney General Office Employees Not Covered By State Personnel Act.

Filing State

VA

Court

Virginia Supreme Court

Year

2006

Citation

Boynton v. Kilgore, 623 S.E.2d 922 (Va. 2006).

Resolution

Employees of the Attorney General are not covered by the state Personnel Act, and not subject to the Governor’s personnel authority.

Case Description

Several terminated employees sued the Attorney General alleging that they had not received the appropriate severance benefits available to state employees covered by the Virginia Personnel Act (VPA). The Attorney General argued that employees of the Attorney General’s office are not covered by the VPA because the statute provides: “The provisions of this chapter shall not apply to: … Officers and employees for whom the Constitution specifically directs the manner of selection.” The former employees argued that Attorney General Office employees are not specifically excluded from the VPA, although other full-time employees are. The Attorney General argued that employees of the Office of the Attorney General are not covered by the VPA because the Attorney General is specifically not covered, and the exemption described above includes individuals working under such an officer’s control. The Virginia Supreme Court held “the former employees’ proffered reading of the pertinent statutes would give the Governor and the Attorney General simultaneous, unrestricted authority to create positions, determine salaries, and appoint personnel for the Office of the Attorney General. This construction creates an unworkable and irreconcilable conflict between the authority of the Governor and that of the Attorney General.” The court held that employees of the Office of Attorney General are not covered by the VPA and are not subject to the Governor’s personnel authority.