Database Search Result Details
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First Name
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CHARLES
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Last Name
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MCCANN
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Decision Date
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6/12/1989
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Docket Number
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22-88-202
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ALJ
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DC
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Respondent
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LINCOLN 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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ASSISTANT PRINCIPAL
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Topics
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RIF; DEMOTION
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Primary Issues
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Outcome
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DENIED
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Statutes
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18-5-32, 18A-4-8b(a), 18A-2-7, 18-5-1, 18-5-13,
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Related Cases
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275 S.E.2D 908, 911-12 (W.VA. 1981); 254
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Keywords
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ASST. SUPT; RIF; CONTRACT
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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, whose term as Asst. Supt. of Schools expired (the Supt's term expired simultaneously), was assigned as Asst. Principal at a high school. The specific position he had held was retained but changed to include other responsibilities. For various reasons, he claimed entitlement to a higher administrative position than Asst. Principal. DECISION: DENIED. Grievant was neither transferred nor demoted; he was not the subject of a RIF. The term of an Asst. Supt. cannot extend beyond that of the incumbent Supt. W.Va. Code 18-5-32. A county board of education may take unilateral action to reorganize its central office and define the jobs therein, although 'personnel actions' may be effected only upon the recommendation of the Supt. An Asst. Supt. serves at the will and pleasure of the Supt. Code 18A-2-1. Grievant did not establish he was more or as qualified for the new Asst. Supt. post as the successful applicant.
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