Database Search Result Details

First Name Thomas
Last Name Spence
Decision Date 6/26/2019
Docket Number 2019-0670-DOC
ALJ JSF
Respondent Division of Natural Resources
Employment Type STATE
Job Title Natural Resources Police Officer
Topics Suspension
Primary Issues Whether Respondent proved by a preponderance of evidence that it had cause to discipline Grievant.
Outcome Denied
Statutes W. Va. Code St. R. § 143-1-12.3.a
Related Cases Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Galloway v. W. Va. Bd. of Trustees, Docket No. 90-BOT-388 (Nov. 22, 1991); Bailey v. Logan County Bd. of Educ., Docket No. 93-23-383 (June 23, 1994); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
Keywords Suspension; Progressive Discipline; Field Sobriety Tests; Mitigation; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant has been employed by Respondent as a Natural Resources Police Officer for over twenty years. During the past few years, Respondent has issued Grievant warnings and reprimands for various infractions. Grievant’s most recent infraction entailed failing to properly administer field sobriety tests to a subject for boating under the influence and failing to do the incident report after being ordered to do so, resulting in a three-day suspension and six-month improvement plan. Respondent proved that this most recent discipline was warranted as part of progressive discipline. Accordingly, the grievance is Denied.

Back to Results Search Again