Database Search Result Details
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First Name
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CLARENCE
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Last Name
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BASHAM
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Decision Date
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11/21/1989
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Docket Number
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89-20-581
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ALJ
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DC
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Respondent
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KANAWHA COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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BUS OPERATOR
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Topics
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SELECTION
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Primary Issues
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Qualifications
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Outcome
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GRANTED
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Statutes
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18A-4-8, 18A-4-8b(b)
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Related Cases
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MORAN V. MARION, KOONTZ V. MARSHALL, JERVIS V. WAYNE, JONES V. OHIO
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Keywords
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SELECTION PROCESS, FLAWED, QUALIFICATIONS
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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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G applied for Trans. Supervisor position but a less senior regular employee was selected. G had apparently held this position before and the selection was so flawed that case was remanded to determine if he was 'qualified' and if so to award him the position. Since G. and all successful applicants were regular employees of R., their time-in-service within the relevant code section 18A-4-8 class title, supervisor of transportation, must be compared to determine relative seniority. Qualification shall mean that the applicant holds a classification title in his category of employment, and must be given the first opportunity for promotion and filling vacancies. Other employees then must be considered and shall qualify by meeting the definition of the job title. County boards may require reasonable testing and interviewing to determine whether service position vacancy applicants are qualified. However, standards for determining how such qualification is achieved, e.g., passing examination scored, must be established and clearly communicated to candidates such that they may have reasonable opportunity to make preparations. Once an applicant holds a classification title in his category of employment or meets the definition of the job title he is qualified and may not be compared to other for the particular vacancy. In other words, there is no most qualified standard for service personnel hirings under code.
But See Brewer v. Mercer County Bd. of Educ., Docket No. 91-27-002, overruling this case to the extent it is inconsistent with Brewer.
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