| First Name | Katherine |
| Last Name | Kiger |
| Decision Date | 3/16/2018 |
| Docket Number | 2016-1806-DHHR |
| ALJ | CHL |
| Respondent | Department of Health and Human Resources/Bureau for Children and Families and Eric Davis, Intervenor |
| Employment Type | STATE |
| Job Title | Child Protective Service Worker |
| Topics | Selection |
| Primary Issues | Whether Grievant proved by a preponderance of the evidence that Respondent’s selection decision was arbitrary and capricious. |
| Outcome | Denied |
| Statutes | 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); 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); 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); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Bedford County Memorial Hosp. v. Health & Human Serv., 789 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); 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); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Pullen v. Dep't of Transp., Docket No. 06-DOH-121 (Aug. 2, 2006); Ball v. Dep't of Transp., Docket No. 04-DOH-423 (May 9, 2005); Freeland v. Dep’t of Health & Human Res., Docket No. 2008-0225-DHHR (Dec. 23, 2008); Neely v. Dep’t of Transp./Div. of Highways, Docket No. 2008-0632-DOT (Apr. 23, 2009); Spears v. Dep’t of Health & Human Res., Docket No. 04-HHR-284 (July 27, 2005) |
| Keywords | Selection; Management; Qualifications; Supervisory; Experience; Arbitrary and Capricious; Best Fit; Interview Scores; Weight; Leadership; Manager; Super-Interview |
| Intermediate Court of Appeals | |
| Circuit Court | Grievant appealed to Kanawha County Circuit Court 6/21/18 CA# 18-AA-204 (Kaufman); Appealed withdrawn 6/29/18 |
| Supreme Court | |
| Synopsis | Grievant is employed by Respondent as a CPS Worker. Grievant was not selected for a CPS Supervisor position, which is a management position. Respondent selected for the position another employee who had not worked in CPS, and who had not worked for the agency as long as Grievant. Grievant argued that the Respondent’s selection was arbitrary and capricious. Respondent denied Grievant’s claims, asserting that it properly selected the most qualified candidate for the position. Grievant failed to prove her claims by a preponderance of the evidence. Accordingly, the grievance is DENIED. |