Database Search Result Details
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First Name
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Cynthia
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Last Name
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Bonnett
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Decision Date
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4/7/2021
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Docket Number
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2020-1556-DOC
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ALJ
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BTC
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Respondent
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Workforce West Virginia/ AND Division of Personnel
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Employment Type
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STATE
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Job Title
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Employment Programs Spec Sr
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Topics
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Temporary Upgrade
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Primary Issues
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Whether Grievant proved the DOP’s interpretation of the minimum qualifications necessary for the temporary upgrade was clearly erroneous or arbitrary and capricious. Whether the determination Grievant did not meet the minimum qualifications was arbitrary and capricious.
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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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Bonnett v. West Virginia Dep’t of Tax and Revenue and Div. of Pers., Docket No. 99-T&R-118 (Aug 30, 1999), aff’d Kan. Co. Cir. Ct. Docket No. 99-AA-151 (Mar. 1, 2001); Kyle v. W. Va. State Bd. of Rehab., Docket No. VR-88-006 (Mar. 28, 1989); W. Va. Dep't of Health and Human Res. v. Blankenship, 189 W. Va. 342, 431 S.E.2d 681, 687 (1993)
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Keywords
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Temporary Upgrade; Qualifications; 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 employed by Respondent Workforce West Virginia as an Employment Programs Specialist, Sr. Grievant grieves the Division of Personnel’s rejection of her temporary upgrade to an Employment Programs Manager 2 position per its determination that Grievant did not meet the minimum qualifications of the position. Grievant failed to prove the Division of Personnel’s interpretation of the minimum qualifications was clearly erroneous or that the Division of Personnel’s determination Grievant did not meet the minimum qualifications was arbitrary and capricious. Accordingly, the grievance is denied.
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