Database Search Result Details

First Name James
Last Name Williams
Decision Date 6/28/2017
Docket Number 2015-1577-DHHR
ALJ CHL
Respondent Department of Health and Human Resources/Jackie Withrow Hospital
Employment Type STATE
Job Title Licensed Plumber
Topics Selection
Primary Issues Whether Grievant proved by a preponderance of the evidence that the Respondent’s selection decision for the Supervisor 2 Director of Maintenance position was flawed or arbitrary and capricious.
Outcome Granted/Denied
Statutes W. Va. Code St. R. § 156-1-3 (2008)
Related Cases Howell v. W. Va. Dep’t of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); 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); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Bedford County Memorial Hosp. v. Health & Human Serv., 789 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Farley, et al., v. W. Va. Dep’t of Health & Human Res., Docket No. 2012-1161-CONS (Jan. 7, 2014); Mickey, et al., v. W. Va. Dep’t of Health & Human Res., Docket No. 2014-0244-CONS (Mar. 10, 2015); Jones v. Dep’t of Transp./Div. of Highways, Docket No. 07-DOH-340 (July 18, 2008); Forsythe v. Div. of Personnel, Docket No. 2009-0144-DOA (May 20, 2009); Neely v. Div. of Highways, Docket No. 2008-0632-DOT (Apr. 23, 2009); Tanner v. Div. of Highways, Docket No. 2015-1303-DOT (Feb. 16, 2016)
Keywords Selection; Candidate Comparison Chart; Experience; Arbitrary and Capricious; Flawed; Qualified; Policy; Interview; Score; Qualifications
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was not selected for a Supervisor 2 Maintenance Director position. The selection process was arbitrary and capricious, but Grievant failed to prove he was the most qualified candidate. Where the selection process is proven to be arbitrary and capricious, but the Grievant fails to prove that he or she should have been selected for the position, the position should be reposted and a new selection process undertaken. Accordingly, the grievance is GRANTED IN PART and DENIED IN PART.

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