Andrews v. Richmond Redevelopment & Housing Auth.Annotate this Case
Andrews, a senior property manager of a public housing complex, challenged the termination of her employment with the Richmond Redevelopment and Housing Authority (RRHA) through RRHA’s grievance procedure. A hearing officer ordered her reinstatement snf advised that, under the terms of RRHA’s Grievance Policy, “[e]ither party may . . . appeal the decision to the Circuit Court of the City of Richmond, Virginia.” The circuit court reversed that decision as “‘contradictory to law’” under Code 2.2-3006. The Supreme Court of Virginia reinstated the hearing officer’s decision, holding that the circuit court lacked subject matter jurisdiction to hear RRHA’s appeal. Either party may appeal a hearing officer’s decision to a circuit court for review on grounds that it is “contradictory to law,” Code 2.2-3006(B), but no such right is available when the challenge to the decision presents a question whether it is“consistent with policy,” RRHA did not make a prima facie showing for invoking judicial review of the hearing officer’s decision under Code 2.2-3006(B) because the substance of RRHA’s appeal challenged only the hearing officer’s interpretation and application of RRHA’s policies.