Database Search Result Details
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First Name
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JERRI
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Last Name
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BLACK
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Decision Date
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3/23/1990
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Docket Number
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89-06-707
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ALJ
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SA
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Respondent
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CABELL 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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SECRETARY I/CLERK II
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Topics
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SELECTION
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Primary Issues
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Discrimination; Favoritism; Qualifications
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Outcome
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DENIED
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Statutes
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18A-4--29-2(M);18-29-2(O)
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Related Cases
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BLANKENSHIP V. MINGO; BASHAM V. KANAWHA; STEELE V. WAYNE; HANSHAW V. MCDOWELL
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Keywords
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COMPETENCY TESTING
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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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IT IS NOT VIOLATIVE OF W.VA. CODE 18A-4-8B(B) FOR A BOARD OF EDUCATION TO REQUIRE REASONABLE COMPETENCY TESTING OF AN EMPLOYEE WHO HOLDS A CLASSIFICATION TITLE WITHOUT HAVING FULFILLED COMPETENCY REQUIREMENTS FOR THE CLASSIFICATION IN EFFECT AT THE TIME OF HIS OR HER ENTRY INTO THE CLASSIFICATION. SINCE GRIEVANT HAS NEVER ESTABLISHED THAT SHE IS CAPABLE OF TYPING COMPETENCY REQUIRED BY POLICY GCB, EITHER BY TESTING OR BY CARRYING OUT THE DUTIES OF THE HOTLINE POSITION, RESPONDENT HAS NOT VIOLATED W.VA. CODE 18A-4-8B(B) BY REQUIRING HER TO PROVE SUCH COMPETENCY BY TESTING IN ORDER TO QUALIFY FOR THE HUNTINGTON HIGH SCHOOL SECRETARY POSITION.
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