Database Search Result Details
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First Name
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Lauren
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Last Name
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Werthammer
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Decision Date
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5/30/2017
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Docket Number
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2016-1703-CabED
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ALJ
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WBM
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Respondent
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Cabell 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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Curriculum Supervisor
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Topics
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Selection
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Primary Issues
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Whether Grievant proved that the Respondent’s decision to hire the second person recommended rather than the first was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-7a(b)
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Warner v. Dep’t of Health & Human Res., Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-501 (Sept. 30, 1997); Jones v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Blair v. Lincoln County Bd. of Educ., Docket No. 92-22-009 (Apr. 10, 1992); Barnett, et al., v. Cabell County Bd. of Educ., and McMillian, Docket No. 2015-1762-CONS (May 31, 2016);Oldham v. Cabell County Bd. of Educ., Docket No. 04-06-280 (June 23, 2005); Lake v. Cabell County Bd. of Educ., Docket No. 04-06-282 (Feb. 18, 2005)
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Keywords
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Selection; Job Positing; Experience; Qualifications; Executive Summary For Administrative Position; Arbitrary and Capricious
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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 alleges that Respondent’s decision to hire Intervenor for the position of CTE Director was arbitrary and capricious. Grievant alleges the interview process was biased, Grievant was the most qualified candidate, and the Board had decided to reject the Superintendent’s recommendation of the Grievant prior to the meeting. While there was more than usual rumor and speculation about the hiring process involved in this case, Grievant did not prove by a preponderance of the evidence that the Board’s actions violated the law or were arbitrary and capricious.
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