Database Search Result Details
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First Name
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Jamie
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Last Name
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Foltz
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Decision Date
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6/14/2023
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Docket Number
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2022-0586-DOC
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ALJ
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RLR
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Respondent
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Division of Natural Resources 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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Tourism Program Specialist 2
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Topics
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Classification; Compensation
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Primary Issues
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Whether DOP's classification determination was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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WEST VIRGINIA CODE R. § 143-1-3.72; WEST VIRGINIA CODE R. § 143-1-3.74; WEST VIRGINIA CODE R. § 156-1-3 (2018); W. Va. Code § 29-6A-6
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Related Cases
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Howell v. W. Va. Dep’t of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Hayes v. W. Va. Dep’t of Natural Res., Docket No. NR-88-038 (Mar. 28, 1989); Oliver v. W. Va. Dep't of Health & Human Res./Bureau for Child Enforcement, Docket No. 00-HHR-361 (Apr. 5, 2001); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Dollison v. W. Va. Dep’t of Empl. Security, Docket No. 89-ES-101 (Nov. 3, 1989)
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Keywords
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Job duties; Salary
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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 was hired into a Tourism Program Specialist 2 position by the Division of Natural Resources on March 3, 2018. The duties of the position occupied by Grievant all involve spa management. Grievant took on responsibility for a second spa shortly after being hired. Grievant argues that the position she occupies should be classified as Administrative Services Manager 2. Grievant seeks an increase in her salary by 10%. Grievant initially asserted that the Administrative Services Manager 2 classification was more appropriate because Grievant performs her job at two state parks, instead of only one state park. The Division of Personnel concluded that the Tourism Program Specialist 2 classification was the “best fit” for the position occupied by Grievant. Grievant failed to establish that the Division of Personnel’s classification determination was arbitrary and capricious. In addition, Grievant failed to produce any law, rule or policy that requires the Division of Natural Resources to increase her salary by 10%.
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