Database Search Result Details

First Name Matthew
Last Name Bradley
Decision Date 8/14/2019
Docket Number 2018-0770-DHHR
ALJ CHL
Respondent Department of Health and Human Resources/Bureau for Children and Families
Employment Type STATE
Job Title Family Support Specialist
Topics Selection
Primary Issues Whether Grievant proved by a preponderance of the evidence that he was the most qualified candidate for a position and whether Respondent’s selection was arbitrary and capricious.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Thibault v. Div. of Rehabilitation Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehabilitation Serv., Docket No. 98-RS-126 (Aug. 3, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Bedford County Memorial Hosp. v. Health & Human Serv., 789 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Powell v. Brown, 160 W. Va. 723, 238 S.E.2d 220 (1977); Bailey v. W. Va. Dep’t of Transp., Docket No. 94-DOH-389 (Dec. 20, 1994); Stewart v. Dep’t of Health & Human Res., Docket No. 2016-0970-DHHR (Aug. 10, 2017); Kidd v. Dep’t of Health & Human Res., Docket No. 2017-1874-DHHR (Oct. 5, 2017); Smith v. Dep’t of Health & Human Res./Bur. for Child Support Enforcement and Anderson, Docket No. 2017-0959-DHHR (Oct. 17, 2017); Pullen v. Dep't of Transp., Docket No. 06-DOH-121 (Aug. 2, 2006); Ball v. Dep't of Transp., Docket No. 04-DOH-423 (May 9, 2005); Freeland v. Dep’t of Health & Human Res., Docket No. 2008-0225-DHHR (Dec. 23, 2008); Neely v. Dep’t of Transp./Div. of Highways, Docket No. 2008-0632-DOT (Apr. 23, 2009); Spears v. Dep’t of Health & Human Res., Docket No. 04-HHR-284 (July 27, 2005); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998)
Keywords Selection; Most Qualified Candidate; Arbitrary and Capricious; Supervisory; Supervisor; Policy Memorandum 2106; Comparison; OPS-13; OPS-13A; Rank; Qualifications; Applicant Interview Rating Form; Candidate Comparison Chart; Scoring; Error
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a Family Support Specialist. Grievant was not selected for an Economic Service Supervisor position. Respondent selected for the position another employee who was an Economic Service Worker who had past supervisory experience. Grievant had no supervisory experience. Grievant argued that the Respondent’s selection was arbitrary and capricious in that the selection panel failed to use required forms to evaluate applicants and that he was the most qualified candidate. Respondent denied Grievant’s claims, asserting that it properly selected the most qualified candidate for the position. Grievant failed to prove his claims by a preponderance of the evidence. Accordingly, the grievance is DENIED.

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