Database Search Result Details
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First Name
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Thomas
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Last Name
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Spence
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Decision Date
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12/29/2017
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Docket Number
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2017-1777-DOC
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ALJ
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RLR
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Respondent
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Division of Natural Resources
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Employment Type
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STATE
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Job Title
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Natural Resources Police Officer
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Topics
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Written Reprimand, Evaluation
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that the written reprimand issued to Grievant on February 21, 2017, was warranted and supported by the facts.
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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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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997)
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Keywords
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Written Reprimand, General Order, Complaint, Unattended Boat, One-Man Patrols, Fellow Officer, Dangerous, Misconduct, Safety
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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 employed by the Division of Natural Resources as a Natural Resources Police Officer. Grievant received a complaint of an unattended boat on the Ohio River, possibly as a result of an accident. Grievant contacted a co-worker who responded in a patrol boat to assist with the search. Grievant came to the conclusion that the complaint was unfounded, and notified his co-worker that no overturned boat was visible on the river. Grievant’s co-worker continued the search by patrol boat, and Grievant failed to assist his co-worker, leaving him alone in the patrol boat. Record established this is a violation of the Respondent’s General Order that prohibits one-man patrols. Respondent demonstrated by a preponderance of the evidence that the written reprimand issued to Grievant on February 21, 2017, was warranted and supported by the facts. Accordingly, this grievance is DENIED.
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