Database Search Result Details
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First Name
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Robert
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Last Name
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Stewart
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Decision Date
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8/10/2017
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Docket Number
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2016-0970-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Chief Operating Officer for Administration
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Employment Type
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STATE
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Job Title
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Accountant 3
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Topics
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Selection
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Primary Issues
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Whether Respondent’s selection decision was arbitrary or 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); Jordan v. Div. of Highways, Docket No. 04-DOH-202 (Jan. 26, 2005); Workman v. Div. of Corr., Docket No. 04-CARR-384 (Feb. 28, 2005); McFadden v. W. Va. Dep’t of Health & Human Res., Docket No. 94-HHR-428 (Feb. 17, 1995); Bradley v. Cabell County Bd. of Educ., Docket No. 99-06-150 (Sept. 9, 1999); Dadisman v. W. Va. Div. of Reh. Serv., Docket Nos. 98-RS- 023/040 (Mar. 25, 1999); Martin v. Pleasants County Bd of Educ., Docket No. 2008-0197-PLEED (Jan. 31, 2008); Delauder v Dep’t of Health & Human Res., Docket No. 07-HHR-326 (Jan. 28, 2009)
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Keywords
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Selection; Policy; Interview Process; Minimum Qualifications; Experience; 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 the decision to select another candidate for a management position was invalid because DHHR Policy Memorandum 2106 was not strictly followed, he was the most qualified candidate and the decision made was arbitrary and capricious.
Grievant was unable to prove by a preponderance of the evidence that he was objectively the most qualified or that the selection process was arbitrary and capricious. Additionally, Grievant did not prove that any errors in the implementation of DHHR Policy Memorandum 2106 would reasonably affect the outcome of the selection decision.
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