Database Search Result Details
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First Name
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Marcus
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Last Name
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Hamden, et al
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Decision Date
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2/5/2021
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Docket Number
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2019-1885-CONS
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Child Protective Services Workers
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Topics
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Selection
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Primary Issues
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Whether Grievants proved that Respondent acted in an arbitrary and capricious manner in only assigning its Senior CPS worker position to the BCF county offices rather than the Crisis Teams.
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Outcome
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Denied
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Statutes
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Related Cases
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Sell v. Dep’t of Health & Human Res./Hopemont Hosp., Docket No. 06-HHR-444 (June 26, 2007); Ball v. Dep't of Transp., Docket No. 96-DOH-141 (July 31, 1997); 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)
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Keywords
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Selection; Career Advancement; 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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Grievants are employed as Child Protective Service (CPS) workers with the North Crisis Team by the Department of Health and Human Services/Bureau for Children and Families (DHHR/BCF). While regular CPS workers are assigned to particular BCF county offices, CPS Crisis Team workers travel as needed to assist with CPS backlogs. The State legislature periodically allots Senior CPS worker positions to BCF. BCF assigns these positions to its county offices to mentor regular CPS workers and has never assigned a Senior position to its Crisis Teams. Grievants contend that the North Crisis Team is entitled to a Senior position because members have few means of career advancement. Yet, Crisis Team workers have significant experience as CPS workers, while regular CPS workers tend to be new hires in need of the guidance and assistance provided by Senior workers. Grievants failed to prove that BCF acted arbitrarily and capriciously in allotting all Senior positions to BCF county offices. Accordingly, this grievance is DENIED.
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