Database Search Result Details
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First Name
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David
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Last Name
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Clark
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Decision Date
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9/21/2018
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Docket Number
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2018-0759-DOR
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ALJ
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LRB
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Respondent
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Offices of the Insurance Commissioner
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Employment Type
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STATE
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Job Title
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Supervisor 3
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Topics
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Selection
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Primary Issues
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Whether Grievant demonstrated a flaw in the selection process.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2
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Related Cases
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Unrue v. W. Va. Div. of Highways, Docket No. 95-DOH-287 (Jan. 22, 1996); Pullen v. Dep't of Transp., Docket No. 06-DOH-121 (Aug. 2, 2006)
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Keywords
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Selection Process; Qualifications; Experience; Education/Training; Favoritism; 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 was one of numerous applicants for the sole Insurance Program Manager position at the OIC Office of Judges. This was a highly sought-after position with a relatively high paygrade in a work environment of limited advancement opportunities for non-attorneys. Grievant alleges that Respondent’s selection of Intervenor for the position was improper. Grievant avers he is a more qualified candidate. Grievant further asserts that Intervenor was selected due to favoritism and an arbitrary and capricious selection process. Grievant has considerable work experience in the workers’ compensation industry and was a prime candidate for the position, but did not prove that Respondent’s actions were unlawful and/or arbitrary or capricious. This Grievance is DENIED.
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