Database Search Result Details
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First Name
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GARRY
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Last Name
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TENNEY
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Decision Date
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6/30/1989
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Docket Number
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01-88-233
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ALJ
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SK
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Respondent
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BARBOUR COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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DIRECTOR OF ADMINISTRATIVE SERVICES
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Topics
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POSTING; ASSIGNMENT
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Primary Issues
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ADDITIONAL DUTIES MAY CONSTITUTE TRANSFER
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Outcome
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GRANTED
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Statutes
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18A-2-7
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Related Cases
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Keywords
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ASSIGNMENT; DUTIES
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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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Grievant, Director of Administrative Services, alleged violations of W.Va. Code 18A-2-7 and 18A-1-1 when he was assigned the additional duties of Director/Supervisor of Transportation in August 1988. Grievant argues that the additional duties resulted in the creation of a new position and that he was not transferred within statutory compliance. The Board denies that a transfer occurred or that the additional responsibilities were improperly assigned to the grievant whose job description as Director of Administrative Services already included duties relating to transportation and permitted other duties as assigned by the Superintendent.
DECISION: DENIED. Additional duties assigned to the grievant in effect combined three positions into one. The transportation responsibilities require a considerable portion of the grievant's time and have significantly changed the nature of his duties to such a degree as to have created a new position. The change of assignment in August was not properly effectuated within statutory guidelines.
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