Database Search Result Details

First Name Walter
Last Name Jackson
Decision Date 2/3/2020
Docket Number 2019-0817-DOC
ALJ CHL
Respondent Division of Forestry
Employment Type STATE
Job Title Assistant State Forester
Topics Selection
Primary Issues Whether Grievant proved by a preponderance of the evidence that Respondent’s selection decision was arbitrary and capricious, or otherwise, improper.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3
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); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 391 S.E.2d 739 (1990); 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); Duruttya v. Board of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989); Hale v. Mingo County Bd. of Educ., 199 W. Va. 387, 484 S.E.2d 640 (1997); Forsythe v. Div. of Personnel, Docket No. 2009-0144-DOA (May 20, 2009); Neely v. Div. of Highways, Docket No. 2008-0632-DOT (Apr. 23, 2009); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996); 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); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); Mickles v. Dep’t of Envtl. Prot., Docket No. 06-DEP-320 (Mar. 30, 2007), aff’d, Fayette Cnty. Cir. Ct. Docket No. 07-AA-1 (Feb. 13. 2008); Adams v. Reg’l Jail & Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006); Miller v. Kanawha County Bd. of Educ., Docket No. 05-20-252 (Sept. 28, 2005)
Keywords Selection; Qualified; Arbitrary and Capricious; Pre-Determined; Flaw; Quagmire; Comparison; Management Decisions; Classification Specification
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as an Assistant State Forrester. Grievant applied for another Assistant State Forrester position that had been posted. Grievant was not selected for the position. Grievant argues that the person selected for the position was not qualified, that he was more qualified than the person selected, and that the selection was pre-determined. Respondent denies all of Grievant’s claims. Grievant failed to prove his claims by a preponderance of the evidence. Accordingly, the grievance is DENIED.

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