Database Search Result Details
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First Name
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Nathaniel
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Last Name
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Peace
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Decision Date
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12/13/2019
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Docket Number
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2019-0667-OhiED
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ALJ
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RLR
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Respondent
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Ohio 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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Bus Operator
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Topics
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Selection
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Primary Issues
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Whether Respondent’s selection process for the Director of Operations position was illegal or improper.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18A-4-8
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E. 2d 58 (1986); Fry v. Mercer County Bd. of Educ., Docket No. 07-27-011 (July 31, 2007); Richardson v. Putnam Bd. of Educ., Docket No. 97-40-189 (Oct. 15, 1997); Lucion v. McDowell County Bd. of Educ., 195 W. Va. 297, 446 S.E.2d 487 (1994); Gordon v. Nicholas County Bd. of Educ., Docket No. 01-34-502 (Jan. 9, 2002); Gosnell v. Raleigh County Bd. of Educ., Docket No. 94-41-112 (Apr. 21, 1995)
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Keywords
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Selection Process; Qualifications; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Ohio County Circuit Court 1/8/2020; Civil Action No. 20-C-07; Judge Olejasz; Denied/Dismissed by Order 2/6/2020
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Supreme Court
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Synopsis
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Grievant challenged the hiring and selection for Respondent’s newly created position of Director of Operations. Grievant contends that, after the retirement of the prior Director of Transportation, Respondent illegally combined those duties with those of Director of Maintenance, and that the successful applicant was not properly qualified. Record established that Respondent may redefine the duties of a school service personnel position, or combine them with the duties of another position. Grievant failed to prove by a preponderance of the evidence that the selection process for the Director of Operations was illegal or improper. Record established that the successful applicant was the most senior, qualified applicant and was properly hired.
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