Database Search Result Details
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First Name
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DORSEY
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Last Name
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SCOTT
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Decision Date
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3/21/1986
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Docket Number
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18-86-009
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ALJ
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LC
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Respondent
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JACKSON 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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DIRECTOR OF GENERAL SERVICES
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Topics
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RETALIATION; TRANSFER
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Primary Issues
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Elimination of position, salary reduction and transfer due to retaliation.
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Outcome
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GRANTED
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Statutes
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18-8-3; 18-29-2; 18A-2-7; 18-29-3(h)
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Related Cases
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Keywords
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REPRISAL; ARBITRARY; CAPRICIOUS; REDUCTION; TRANSFER
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Jackson County, Civil Action #86-P-23; Affirmed 4/23/86
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Supreme Court
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Synopsis
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The Superintendent was found to have transferred Grievant in retaliation for his having filed a grievance. Every county is required to appoint a County Director of Attendance and this is mandatory. The power of removal rests with the Board but it did not have the authority to abolish the position as it did here. Grievant was not afforded a hearing before his removal as Attendance Director and his transfer. The transfer and/or demotion of Grievant was an arbitrary and capricious exercise of power.
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