| First Name | Chad |
| Last Name | Lester |
| Decision Date | 4/30/2025 |
| Docket Number | 2024-0436-DHS |
| ALJ | LKB |
| Respondent | Department of Homeland Security/ Division of Corrections and Rehabilitation, Southern Regional Jail and Correctional Facility. |
| Employment Type | STATE |
| Job Title | Corrections Unit Manager |
| Topics | Demotion, Non-disciplinary Employment |
| Primary Issues | Whether Grievant's claims regarding his suspension and termination are untimely? Whether Grievant's claim regarding his temporary upgrade is moot? |
| Outcome | GRANTED |
| Statutes | W. VA. CODE ST. R. § 156-1-6.19, W. VA. CODE ST. R. § 156-1-6.19.2. ,W. VA. CODE ST. R. § 156-1-6.19.3, W. VA. CODE ST. R. § 156-1-3., W. Va. Code §6C-2-1, W. VA. CODE ST. R. § 156-1-6.2 , W. VA. CODE § 6C-2-3(C)(1), W. VA. CODE § 6C-2-3(a)(1), W. VA. CODE § 6C-2-4(a)(1), W. VA. CODE § 6C-2-2(c), W. VA. CODE § 6C-2-1(a), W. VA. CODE § 51-11-4(b)(4), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A 5 4(b). |
| Related Cases | Spahr v. Preston Cty. Bd. of Educ., 182 W. Va. 726, 727, 391 S.E.2d 739, 740 (1990), Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996).Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002). Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991).” Mitias v. Pub. Serv. Comm’n, Docket No. 05-PSC-107R (Sept. 22, 2010), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 10-AA-185 (Sept. 11, 2012); Biggerstaff v. Mingo Cnty. Bd. of Educ., Docket No. 02-29-384D (Mar. 24, 2003), aff’d, Kanawha Cnty. Cir. Ct. Civil Action No. 03-AA-55 (Feb. 10, 2005); Priest v. Kanawha Cnty. Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000). |
| Keywords | "target letter”, temporary classification upgrade, determination on timeliness |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was placed on non-disciplinary suspension by Respondent after he received a federal “target letter” of investigation. A month after his suspension, Grievant’s temporary upgrade was rescinded. He subsequently filed this grievance, challenging both his suspension and the termination of his temporary upgrade. Grievant was ultimately convicted in federal court, and Respondent moved to dismiss this grievance. Grievant’s claims regarding his suspension are untimely. His claim regarding his temporary upgrade is moot. Accordingly, Respondent’s motion to dismiss is GRANTED. |