Database Search Result Details

First Name WANDA
Last Name OOTEN
Decision Date 8/23/1989
Docket Number 89-29-230
ALJ JW
Respondent MINGO COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title COOK
Topics SELECTION
Primary Issues Aide employed from other service category.
Outcome GRANTED
Statutes 18A-5-8(D), 18A-4-8B(B)
Related Cases 351 S.E.2D 58 (W.VA. 1986)
Keywords POLICY; CATEGORY; PROMOTION
Intermediate Court of Appeals
Circuit Court Respondent appealed TO MINGO CO, 89-C-7317, 9/13/89, W. GRAHAM SMITH DISMISSAL ORDER GRANTED 4/2/91; SPAULDING (INT.) APPEALED; CIVIL ACTION #92-C-404 6-1-94
Supreme Court
Synopsis GRIEVANT EMPLOYED AS A COOK ASSIGNED TO CHAFIN GRADE SCHOOL AND PROTESTS HER NON-SELECTION FOR AN AIDE POSITION. DECISION: W.VA. CODE 18A-5-8(D) REQUIRES A COUNTY BOARD OF EDUCATION TO ESTABLISH A WRITTEN POLICY TO ESTABLISH A WRITTEN POLICY TO BE USED WHEN REGULAR SERVICE PERSONNEL WHO ARE EMPLOYED IN A DIFFERENT CATEGORY OF EMPLOYMENT OTHER THAN AN AIDE ARE TO BE EMPLOYED IN AN AIDE POSITION. GRANTED; FAILURE OF THE BOARD TO ADOPT THE POLICY AND THE MANNER IN WHICH QUALIFICATIONS OF APPLICANTS WERE ASCERTAINED EFFECTIVELY PREVENTED THE GRIEVANT FROM RECEIVING THE POSITION.

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