Database Search Result Details
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First Name
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Deborah
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Last Name
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Smith
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Decision Date
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10/17/2017
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Docket Number
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2017-0959-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/Bureau for Child Support Enforcement
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Employment Type
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STATE
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Job Title
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Child Support Technician 2
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Topics
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Selection
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Primary Issues
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Whether Respondent followed its adopted procedure for selection applicants for vacancies.
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Outcome
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Granted/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); Workman v. Div. of Corr., Docket No. 04-CORR-384 (Feb. 28, 2005); Butler v. Dep’t of Health & Human Res., Docket No. 2014-0539-DHHR (Mar. 16, 2015); Neely v. Dep’t of Transp./Div. of Highways, Docket No. 2008-0632-DOT (Apr. 23, 2009); Forsythe v. Dep’t of Admin./ Div. of Personnel, Docket No. 2009-0144-DOA (May 20, 2009)
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Keywords
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Selection; Most Qualified Applicant; Interview; Policy; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County 12/1/2017, Civil Action #17-AA-89 (Webster); Final Order 5/20/2020; Affirmed
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Supreme Court
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Synopsis
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Grievant and two other DHHR employees applied for a posted position of Child Support Specialist. Respondent selected Intervenor to fill the position. Respondent has adopted Policy Memorandum 2106 as an objective and uniform procedure for selecting successful applicants to fill vacancies within the agency. Grievant alleges that Respondent failed to follow the procedures in Policy 2106 rendering the decision arbitrary and capricious. Respondent argues that the policy was followed and a fair decision was made. Grievant proved by a preponderance of the evidence that the selection panel did not adhere to the requirements of Policy 2106, and the process was arbitrary and capricious. Grievant did not prove by a preponderance of the evidence that she would have been selected had the process been followed.
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