details - Public Grievance Board

First Name	Troy
Last Name	Carter
Decision Date	7/10/2023
Docket Number	2022-0831-DHS
ALJ	WHW
Respondent	Department of Homeland Security
Employment Type	State
Job Title	Correctional Officer V
Topics	Suspension
Primary Issues	Whether Grievants disciplinary action was lawful and within its authority.
Outcome	Denied
Statutes	W. Va. Code St. R. § 143-1-12.3. W.VA. CODE ST. R. § 156-1-3 (2018). W.Va. Code § 6C-1-3
Related Cases	Liller va Mineral County Bd. Of Educ., Docket No. 99-28-270 (Nov. 19, 1999); Whatley v. Metropolitan Transit Auth., 632 F. 2d 1325, 1328 (5th Cir. 1980). Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013). Shepherdstown Volunteer Fire Department v. State ex rel. West Virginia Human Rights Commission, 172 W.Va. 627, 309 S.E.2d 342 (1983). Buskirk v. Civil Serv. Comm’n, 175 W. Va. 279, 332 S.E.2d -12- 579 (1985); Board of Education of the County of Mercer v. Wirt, 192 W. Va. 568, 453 S.E.2d 402 (1994); Clark v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169, (1981). Catalina v.Dep’t of Health & Human Res., Docket No. 2011-0885-DHHR (Aug. 11, 2011).
Keywords	Suspension, job duties
Intermediate Court of Appeals	Grievant appealed, 23-ICA-365; reversed and remanded 10/1/24
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a Correctional Officer V, a supervising employee. Grievant protests his forty (40) hour suspension from employment for his failure to file a use of force incident report. Respondent established Grievant failed to comply with his mandatory duty of filing a written use of force report pursuant to applicable policies. Respondent established by a preponderance of the evidence that its disciplinary action was lawful and within its authority. Respondent’s actions were not established to be retaliatory and did not violate Grievant’s due process rights. Accordingly, the grievance is denied.

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