Database Search Result Details
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First Name
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Tracie
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Last Name
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West
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Decision Date
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3/9/2018
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Docket Number
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2017-1536-MarED
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ALJ
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RLR
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Respondent
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Marshall County Board of Education
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Employment Type
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SERV
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Job Title
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Secretary II/Accountant II
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Topics
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Selection
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Primary Issues
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Whether Respondent acted in an arbitrary and capricious manner in filling the contested position.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8(a)(5); W. Va. Code § 18A-4-8(b)(1)-(7)
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Related Cases
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West v. Marshall County Bd. of Educ. Docket No. 2013-1674-MarED (May 19, 2014); Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Riffle v. Webster County Bd. of Educ., Docket No. 04-51-122 (July 30, 2004); Miller v. Preston County Bd. of Educ., Docket No. 2011-0107-PreED (Aug. 9, 2011); Bowyer v. Fayette County Bd. of Educ., Docket No. 2012-1352-FayED (Aug. 22, 2013)
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Keywords
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Selection; Multiclassified Position; Seniority; Arbitrary and Capricious
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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 and the successful applicant in this case applied for the contested John Marshall High School Secretary/Accountant position, and both were qualified for the position. The successful applicant had greater seniority in the secretary class title and greater overall county seniority than Grievant. Respondent awarded the multiclassified position by considering the applicant with the greatest seniority in the secretary class based upon its relevance to the needs of the position. Grievant did not meet her burden of proof to demonstrate by a preponderance of the evidence that this action was arbitrary and capricious.
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