Database Search Result Details

First Name Carena
Last Name Rouse, et al.
Decision Date 2/7/2019
Docket Number 2017-0308-CONS
ALJ BTC
Respondent Boone County Board of Education
Employment Type PROF/SERV
Job Title Various
Topics Salary; Insurance
Primary Issues Whether the Grievance Board has jurisdiction to hear the claims of retirees, whether Grievants proved Respondent spent excess levy funds improperly, whether Grievants proved Respondent improperly reduced the county salary supplement, whether Grievants proved Respondent improperly denied them notice and opportunity to be heard, and whether Grievants proved any other entitlement to continuation of their vision and dental insurance.
Outcome Granted/Denied
Statutes W. Va. Code § 6C-2-1(a); W. Va. Code § 18-5-45(c) (2018); W. Va. Code § 18-9B-6; W. Va. Code § 11-8-25 (2018); W.Va. Code §18A-4-2(d), 8a(f) (2018); W. Va. Code § 18A-4-5a-5b (2018)
Related Cases McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973); Pauley v. Kelly, 162 W. Va. 672, 708-09, 255 S.E.2d 859, 878-79 (1979); Yatauro, et al. v. Calhoun Cty. Bd. of Educ.; Calhoun Cty. Bd. of Educ. v. Hickman, Nos. 15-0650, 15-0651, 15-0652, 15-0653, 15-0654, 15-0922, and 15-0903, 6 (W.Va. Supreme Court, Sept. 16, 2016) (memorandum decision); State v. McKinley, 234 W. Va. 143, 146, 764 S.E.2d 303, 306 (2014); Thomas v. Bd. of Educ., 164 W. Va. 84, 261 S.E.2d 66 (1979); Thomas v. Bd. of Educ., 167 W. Va. 911, 280 S.E.2d 816 (1981); Byrd v. Bd. of Educ., Syl. Pt. 2, 196 W. Va. 1, 467 S.E.2d 142 (1995); Jarrell v. Bd. of Educ., 131 W. Va. 702, 708, 50 S.E.2d 442, 445 (1948); Bd. of Educ. of the Kanawha v. W. Va. Bd. of Educ., 219 W. Va. 801, 804, 639 S.E.2d 893, 896 (2006); Newcome v. Bd. of Educ., 164 W. Va. 1, 4, 260 S.E.2d 462, 464 (1979)
Keywords County Salary Supplement; Vision and Dental Insurance; Excess Levy Funds; Tax Collections; Funding; Yearly Budget; Contract Days; Retirees; Lack of Jurisdiction
Intermediate Court of Appeals
Circuit Court Grievants (AFT) appealed to Kanawha County Circuit Court 3/22/19 CA No. 19-AA-26 (Kaufman);
Supreme Court
Synopsis Grievants are or were employed by Respondent in various positions, both professional and service. An unspecified number of Grievants are retirees of Respondent. The Grievance Board lacks jurisdiction to hear the claims of the retirees in this matter. Grievants proved Respondent failed to spend all excess levy funds for the purposes they were raised. Grievants failed to prove Respondent was not permitted to reduce the county salary supplement to below the 1990 level if it did not have enough excess levy collections to fund the county salary supplement. Grievants failed to prove Respondent was required to provide them notice and opportunity to be heard before termination of their vision and dental insurance when Respondent was acting on the order of the State Superintendent or that they were otherwise entitled to continuation of their vision and dental insurance. Accordingly, the grievance is granted, in part, and denied, in part.

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