Database Search Result Details
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First Name
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JOANN
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Last Name
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HAMMOND
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Decision Date
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4/30/1986
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Docket Number
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23-86-023
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ALJ
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LC
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Respondent
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LOGAN COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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SPECIAL EDUCATION AIDE IV
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Topics
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SELECTION
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Primary Issues
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Qualifications; Testing
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Outcome
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DENIED
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Statutes
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18A-4-8b(b); 18-29-6
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Related Cases
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Keywords
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REMAND
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County, Civil Action #86-MISC-283; Affirmed
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Supreme Court
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Synopsis
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Grievant, an Aide, challenged her non-selection for a secretary position. The person selected was had been a substitute secretary for two years. Grievant was told she should have taken a test but went on vacation and returned to find the person selected did not take a test. Grievant did not acquire qualification or seniority in the secretarial classification although she performed clerical duties as an aide. Outside employment did not count either. The case holds that cases without adequate findings of fact and conclusions of law will be remanded to comply with the statute. Testing is permissible. Hawkins v. Tyler CB, 275 S.E.2d 908 (1981) does not condone unwritten policies and practices.
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