details - Public Grievance Board

First Name	Julie
Last Name	Tomes
Decision Date	6/28/2017
Docket Number	2017-1103-MAPS
ALJ	BLG
Respondent	Division of Corrections/Salem Correctional Center
Employment Type	STATE
Job Title	Secretary II
Topics	Selection
Primary Issues	Whether Grievant demonstrated that DOP’s determination that she was not minimally qualified for the position at issue was arbitrary and capricious.
Outcome	Denied
Statutes	W. Va. Code § 29-6-10
Related Cases	W. Va. Pub. Employees Ins. Bd. v. Blue Cross Hosp. Serv., Inc., 179 W. Va. 605, 328 S.E.2d 356 (1985); Freeman v. Poling, 175 W. Va. 814, 819, 338 S.E.2d 415, 421 (1985); Chapman v. Dep’t of Transp., Docket No. 97-DOH-261 (Nov. 24, 1997); Human Res./W. Va. Div. of Personnel, Docket No. 92-HHR-186 (Jan. 22, 1993); Unrue v. W. Va. Div. of Highways, Docket No. 95-DOH-287 (Jan. 22, 1996); Shelton v. W. Va. Div. of Corrections, Docket No. 96-DOP-353 (July 9, 1997); W. Va. Dep’t of Health & Human Res. v. Blankenship, 189 W. Va. 342, 347, 431 S.E.2d 681, 686 (1993); Moore v. Dep’t of Health & Human Res., Docket No. 94-HHR-126 (Aug. 26, 1994)
Keywords	Selection; Minimum Qualifications; Professional Experience; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	This grievance was filed when Grievant was selected for a posted Corrections Program Specialist position, offered the position, and then informed that the Division of Personnel had determined she was not minimally qualified for the position. Another applicant was then placed in the position. The Division of Personnel concluded on review of Grievant’s experience that she had not acquired the minimum six years of professional experience required to be minimally qualified for the position at issue. Grievant did not demonstrate that the Division of Personnel’s determination that she was not minimally qualified for the position at issue was clearly wrong or arbitrary and capricious.

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