Database Search Result Details

First Name John
Last Name Roach II
Decision Date 2/25/2019
Docket Number 2018-0932-MAPS
ALJ LGB
Respondent Regional Jail and Correctional Facility Authority/South Central Regional Jail
Employment Type STATE
Job Title Sergeant/Correctional Officer II
Topics Demotion
Primary Issues Whether Respondent had good cause to demote Grievant.
Outcome Denied
Statutes
Related Cases Hileman v. Reg’l Jail & Corr. Facility Auth., Docket No. 2017-2054-CONS (Mar. 26, 2018), aff’d, Cir. Ct. of Kanawha Cnty., No.18-AA-205 (Nov. 29, 2018); Wiley v. W. Va. Div. of Nat. Res., Parks & Recreation, Docket No. 96-DNR-515 (Mar. 26, 1998); Hunt v. W. Va. Bureau of Employment Programs, Docket No. 97-BEP-412 (Dec. 31, 1997); Kostick v. Reg’l Jail & Corr. Facility Auth., Docket No. 2017-1684-MAPS (Jan. 23, 2018); Tickett v. Cabell Cnty. Bd. of Educ., Docket No. 97-06-233 (Mar. 12, 1998); Huffstutler v. Cabell Cnty. Bd. of Educ., Docket No. 97-06-150 (Oct. 31, 1997); Meadows v. Logan Cnty. Bd. of Educ., Docket No. 00-23-202 (Jan. 31, 2001)
Keywords Demotion; Supervisory Position; Code of Conduct; Due Process; Reports; Mitigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant, a supervisory correctional officer, was demoted from Sergeant, Correctional Officer IV, to Correctional Officer II by Respondent for failing to take appropriate action in response to an inmate escape attempt at a site outside the South Central Regional Jail. Grievant failed to take the initiative to send an additional officer and additional restraints to the site, and further failed to take any action to respond after being given specific instructions by a superior officer. Based upon a violation of Grievant’s right to procedural due process, allegations that Grievant failed to timely submit notifications of an unusual event to his superiors were not sustained. Nonetheless, Respondent proved the most serious charges against Grievant, and demonstrated good cause for his demotion.

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