Database Search Result Details
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First Name
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Kathy
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Last Name
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Cyphers
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Decision Date
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6/19/2019
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Docket Number
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2018-1333-MrnED
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ALJ
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RLR
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Respondent
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Marion 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
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Topics
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Selection
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Primary Issues
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Whether Respondent was obligated to hire the applicant with the most overall county seniority for the position in question.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8e(a); W. Va. Code § 18A-4-8(i)(7)
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Related Cases
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Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); `Miller v. Preston County Bd. of Educ., Docket No. 2011-0107-PreED (Aug. 9, 2011)
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Keywords
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Selection; Seniority; Competency Test; Qualifications
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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 is regularly employed by Respondent as a service personnel and she hold the classification title of Secretary III. Respondent posted a vacancy under the classification title of Accounts Payable Supervisor. Grievant was one of eleven total applicants, none of whom held the classification title of Accounts Payable Supervisor. Grievant contends that Respondent’s failure to offer a competency test to determine the qualifications of the applicants prior to filling the position violated state code and policy. No local board of education has a legal duty to create a local competency test when the State Board of Education has failed to create such a test. Because both Grievant and Ms. Poling were deemed qualified for the position and neither of them held that classification title at the time of application for the position, Respondent was obligated to hire the applicant with the most overall county seniority.
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