Database Search Result Details
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First Name
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Pam
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Last Name
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Daniel
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Decision Date
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2/4/2020
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Docket Number
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2019-1344-RalED
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ALJ
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LRB
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Respondent
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Raleigh 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 III/Accountant III
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Topics
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Selection
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Primary Issues
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Whether Respondent acted in an arbitrary, capricious or unlawful manner in selecting the successful candidate for the position in discussion.
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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(h); W. Va. Code § 18A-4-8e(a); W. Va. Code § 18A-4-8(b)(1)-(7)
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Related Cases
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Hayhurst v. Harrison County Bd. of Educ., Docket No. 94-17-1113 (June 8, 1995); Vance v. Jefferson County Bd. of Educ., Docket No. 2010-0648-CONS (July 28, 2010); Lewis v. Putnam County Bd. of Educ., Docket No. 92-40-086 (June 29, 1992)
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Keywords
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Selection; Qualifications; Competency Test; Arbitrary and Capricious
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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 as service personnel and she currently holds the multi-classification title of Secretary III/Accountant III. Respondent posted a vacancy in the multi-classified position of Secretary III/Accountant III/Buyer as a result of the retirement of the individual performing the duties. Grievant applied. There is no state-approved competency test exists for the classification title of buyer. Grievant contends that the application and selection process implemented was flawed and that it should be declared null and void. Grievant contends that Respondent’s actions were arbitrary and capricious. Respondent contends that, when a state-approved competency test does not exist, it has some discretion. Respondent argues their actions were permissible, rationale and not in violation of applicable standards. Grievant failed to establish that Respondent acted in an arbitrary or capricious manner in selecting and hiring an candidate for a multi-classification position, or more specifically a “Buyer” classification, for which the West Virginia State Board of Education has not developed a competency test. This Grievance is DENIED.
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