Database Search Result Details
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First Name
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Philip
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Last Name
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Pridemore, Jr.
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Decision Date
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6/5/2017
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Docket Number
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2016-0676-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Child Protective Services Supervisor
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Topics
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Selection
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Primary Issues
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Whether Grievant proved the selection decision was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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Related Cases
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Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Trimboli v. Dep't of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Selection Process; Application; 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 is employed by Respondent as a Child Protective Services Supervisor in the Centralized Intake unit within the Bureau for Children and Families. Grievant applied for the position of Director of Centralized Intake, and was not selected for the position. Grievant asserted the selection process was flawed and that he was the most qualified applicant. Grievant failed to prove the selection decision was arbitrary and capricious or clearly wrong. The selection committee followed a logical process in the selection. The selection committee was qualified to make this decision, their selection was unanimous, and their decision was supported by substantial evidence. The successful candidate had much greater experience with the agency and with supervision, had previously supervised the exact classification that the Director would supervise, and was better able to convey her relevant leadership qualities in the interview. Accordingly, the grievance is denied.
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