Database Search Result Details

First Name Oshel
Last Name Carnell, et al.
Decision Date 12/14/2017
Docket Number 2017-0986-CONS
ALJ CHL
Respondent Kanawha County Board of Education and Lisa Wooten, Intervenor
Employment Type SERV
Job Title Supervisor of Transportation
Topics Selection
Primary Issues Whether Grievants proved by a preponderance of the evidence that Respondent filled the Supervisor of Transportation/Exceptional Students position improperly in violation of West Virginia Code § 18A-4-8b.
Outcome Granted/Denied
Statutes W. Va. Code § 6C-2-4(a)(4); W. Va. Code §18A-4-8b; W. Va. Code § 18A-4-8(i)(86); 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); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); 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); Nottingham v. Kanawha County Bd. of Educ., Docket No. 2014-0382-KanED (Nov. 25, 2014), rev’d Nottingham v. Kanawha County Bd. of Educ., Civil Action No. 14-AA-130, aff’d Nottingham v. Kanawha County Bd. of Educ., Case No.15-0602, (W. Va. Supreme Court, June 21, 2016) (memorandum decision); James v. Kanawha County Bd. of Educ., Docket No. 2016-0879-KanED (Mar. 6, 2017); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); 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); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Randolph County Bd. of Educ. v. Scott, 217 W. Va. 128, 617 S.E.2d 478 (2005); Hancock County Bd. of Educ. v. Hawken, 209 W. Va. 259, 546 S.E.2d 258 (1999); Ohio County Bd. of Educ. v. Hopkins, 193 W. Va. 600, 457 S.E.2d 537 (1995); Townsend v. Kanawha County Bd. of Educ. & Humphreys, Docket No. 2016-1702-KanED (May 22, 2017); Bird v. Kanawha County Bd. of Educ. & Busse, Docket No. 2017-1534-KanED (Nov. 9, 2017)
Keywords Classification Title; Service Personnel; Qualified; Vacancy; Selection, Interview; Arbitrary and Capricious; Matrix; Lateral; Supervisor; Seniority; Experience; Evaluation; Attendance; Minimum Qualifications; Categories; Factors; Supervisory; Opportunity
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievants are employed by Respondent as Supervisors of Transportation. They each applied for a vacant Supervisor of Transportation position, which would have been a lateral move. The Respondent proceeded with the selection and interview process, considering individuals who did not hold the Supervisor of Transportation classification title. Respondent selected an individual who held the classification title of Bus Operator for the position based upon her performance in the job interview. Grievants assert that Respondent violated West Virginia Code § 18A-4-8b, and that the hiring process was otherwise arbitrary and capricious. Respondent denies Grievants’ claims arguing that it complied with West Virginia Code § 18A-4-8b in filling the vacancy, and that its selection and the selection process used were proper. Grievants proved that Respondent violated West Virginia Code § 18A-4-8b in filling the vacancy at issue in this matter. However, Grievants failed to prove their claim that the hiring process used was otherwise arbitrary and capricious. Therefore, this grievance is GRANTED IN PART, and DENIED IN PART.

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