Database Search Result Details
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First Name
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Jeffrey
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Last Name
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Mennillo
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Decision Date
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9/6/2023
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Docket Number
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2022-0748-WooED
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ALJ
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LRB
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Respondent
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Wood County Board of Education
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Employment Type
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PROF
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Job Title
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Assistant Principal
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Topics
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Selection
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Primary Issues
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Whether the selection decision was arbitrary and capricious or otherwise legally insufficient.
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Outcome
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Denied
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Statutes
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W. Va. Code sections: 18A-4-7a(q)(1); 18A-4-7a(q)(3); 18A-4-7a;
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Related Cases
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Dillon v. Wyoming County Bd. of Educ., 177 W. Va. 145, 351 S.E.2d 58 (1986); Black v. Cabell County Bd. of Educ., Docket No. 89-06-707 (Mar. 23, 1990); Lilly v. Summers County Bd. of Educ., Docket No. 90-45-040 (Oct. 17, 1990); Stover v. Kanawha County Bd. of Educ., Docket No. 89-20-75 (June 26, 1989); Elkins v. Boone County Bd. of Educ., Docket No. 95-03-415 (Dec. 28, 1995); Hughes v. Lincoln County Bd. of Educ., Docket No. 94-22-543 (Jan. 27, 1995); Blair v. Lincoln County Bd. of Educ., Docket No. 92-22-009 (Apr. 10, 1992); Komorowski v. Marshall County Bd. of Educ., Docket No. 08-25-007 (Mar. 23, 2009); Boone v. Cabell County Bd. of Educ., Docket No. 2022-0159-CONS (June 3, 2022); Blackburn v. Mingo County Bd. of Educ., No. 2021-2450-CONS (March 16, 2023); Mick v. Hancock County Bd. of Educ., Docket No. 2022-0038-HanED (March 4, 2022);
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Keywords
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Selection; Arbitrary and Caprcious; Qualifications; Repost
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Intermediate Court of Appeals
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Grievant appealed 10/6/23, No. 23-ICA-442; 1/10/24 dismissed as withdrawn
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Circuit Court
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Supreme Court
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Synopsis
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This grievance involves the selection of the Director of the Wood County Technical Center in 2022. Grievant contends he should be placed in the position. County boards of education have substantial discretion in matters relating to the hiring, assignment, transfer, and promotion of school personnel. Respondent does not dispute Grievant’s qualifications but chose an alternate individual. It is not established that Respondent exceeded its recognized degree of discretion or authority in choosing the successful candidate. It is not established by a preponderance of the evidence that Respondent violated duly applicable rule, regulation and/or law in awarding the Director of Wood County CTE position. Accordingly, this grievance is denied.
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