Database Search Result Details
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First Name
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Amy
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Last Name
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Chrisman
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Decision Date
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8/17/2017
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Docket Number
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2017-2322-CONS
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ALJ
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BLG
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Respondent
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Jefferson 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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Counselor
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Topics
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Selection
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Primary Issues
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Whether Respondent could repost a position when the posting listed minimum qualifications and a salary schedule that was in error, and whether changing the name of the position made it a newly created position that had to be posted.
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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(o)(1); W. Va. Code § 18A-4-8b
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Related Cases
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Hoffman v. Mingo County Bd. of Educ., Docket No. 96-29-021 (June 28, 1996); Putnam County Bd. of Educ. v. Andrews, 198 W. Va. 403, 481 S.E.2d 498 (1996); Toney v. Lincoln County Bd. of Educ., Docket No. 98-22-009 (Mar. 24, 1998); Roth v. Ohio County Bd. of Educ., Docket No. 35-89-025 (Feb. 28, 1990); Rash v. Wayne County Bd. of Educ., Docket No. 50-87-263 (June 7, 1988); Hackney v. Jackson County Bd. of Educ., Docket No. 00-18-113 (June 9, 2000); Petrovich v. Hancock County Bd. of Educ., Docket No. 98-15-074 (July 13, 1998)
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Keywords
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Selection; Erroneous Posting; Minimum Qualifications; Reposting; Newly Created Position; Change in Job Title
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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 a School Counselor at Shepherdstown Middle School. She applied for a posted Dean of Students position at Jefferson High School. The posting stated that an administrative certificate was required for the position, or that the applicant be eligible for such a certificate, and it stated that the salary would be calculated based on the administrative scale. This was a new position and was approved by the board of education to be paid at the teacher salary schedule. The board of education did not approve the requirement of administrative certification. The erroneous posting was not discovered by Respondent until after it had been filled by the successful applicant, who did not hold an administrative certificate, nor was she eligible for one. Additionally, one of the successful applicant’s relatives was on the interview committee. The Superintendent was made aware of these issues at the level one conference, and directed that the position be reposted with no administrative certification required, and at the teacher salary schedule, and that no relative of an applicant serve on the interview committee. Respondent acted in a reasonable manner in correcting the error when it became aware of it. The successful applicant possessed the qualifications necessary to the position, and Grievant did not demonstrate that the position was an administrative position. Respondent later changed the title of the position, but did not change any duties, responsibilities, contract terms, or salary. The change in title did not make the position a newly created position which had to be posted.
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