Database Search Result Details
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First Name
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Tommy
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Last Name
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Dingess
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Decision Date
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12/11/2017
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Docket Number
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2018-0185-MAPS
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ALJ
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BTC
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Respondent
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Division of Homeland Security and Emergency Management
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Employment Type
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STATE
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Job Title
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Topics
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Dismissed; Selection
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Primary Issues
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Whether this grievance is moot and whether Respondent is entitled to attorney’s fees.
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Outcome
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Dismissed; Moot
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Statutes
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W. Va. Code § 156-1-6.19, 156-1-6.19.2, 156-1-6.19.3, 156-1-3 (2008), 6C-2-6, 6C-2-4(c)(6)
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Related Cases
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Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Komorowski v. Marshall County Bd. of Educ, No. 11-1659 and 11-1767 (W. Va. Supreme Ct., February 22, 2013) (memorandum decision); Long v. Kanawha County Bd. of Educ., Docket No. 00-20-308 (Mar. 29, 2001); Stuart v. Div. of Juvenile Serv. Docket No. 2011-0171-MAPS (Sept. 23, 2011)
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Keywords
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Dismissal, Non-Selection, Retirement, Moot, Advisory Opinion
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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 was employed by Respondent and filed the instant grievance protesting his non-selection for a position with Respondent. Following the filing of this grievance, Grievant retired from employment with Respondent. Respondent moved to dismiss the grievance due to Grievant’s retirement. As Grievant has now retired, the relief he seeks would be speculative, and the grievance must be dismissed. Respondent’s request for attorney’s fees and costs is denied. Accordingly, the grievance is dismissed.
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