Database Search Result Details
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First Name
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CLIFFORD
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Last Name
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YOUNG
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Decision Date
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8/29/1986
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Docket Number
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26-86-066
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ALJ
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SK
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Respondent
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DEPARTMENT OF EDUCATION
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Employment Type
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DOE
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Job Title
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SCHOOL PSYCHOLOGIST
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Topics
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COMPENSATION
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Primary Issues
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Retroactive Payment; Reclassification
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Outcome
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DENIED
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Statutes
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6-7-7, 18A-4-6, 18A-4-2
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Related Cases
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117 W.VA. 413, 185 S.E. 692; 129 WV 54, 39 S.E.2D 177; TURNER V. MCDOWELL CBOE; RICHARD V. WV DOE
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Keywords
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CREDIT; SALARY ADJUSTMENT; FISCAL; RESTRAINT; DILIGENT; RETROACTIVE; RECLASSIFICATION
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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On December 6, 1984 Grievant filed an application for and verification of the advanced graduate credit, Master's +30. On Feb. 8, 1985 the DOE issued the Grievant a professional service certificate with the effective date of 7/1/84. Grievant's salary increase had to be approved by both the State BOE and the Governor before it became effective. Grievant is entitled to a salary adjustment and reclassification within a reasonable time after completion by grievant of all the necessary paper work but is also subject to the same fiscal process as other employee of the DOE. Because of these restraints on state employees in relation to retroactive pay, it is incumbent upon employers to be diligent and to expedite, when possible, the process by which teachers employed by the DOE obtain salary adjustment for enhancing their education credentials. Denied in part; granted in part: W.Va. Code 6-7-7 reaffirms the Constitution by providing: 'No extra compensation shall be granted or allowed to any public officer, agent, servant or contractor, after the services shall have been rendered, nor shall the salary of any public officer be increased or diminished during his term of office.' The purpose of these provisions is to establish certainty to the salaries of public officers as it is deemed as a general proposition that better service will be rendered if the matter of salary is laid to at rest at the outset. This board has previously ruled that an employee must share the responsibility of assuring this proper training/salary classification. The DOE has a responsibility to its employees to process reclassifications with all due speed at the agency level and to facilitate the Governor's approval. Grievant's remedy may, however, be in the court of claims.
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