Triggs v. Berkeley County Board of Education

425 S.E.2d 111, 188 W. Va. 435
CourtWest Virginia Supreme Court
DecidedDecember 17, 1992
Docket20220
StatusPublished
Cited by14 cases

This text of 425 S.E.2d 111 (Triggs v. Berkeley County Board of Education) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Triggs v. Berkeley County Board of Education, 425 S.E.2d 111, 188 W. Va. 435 (W. Va. 1992).

Opinions

NEELY, Justice:

Joyce Triggs, alleging that she was improperly denied employment as a full-time elementary school teacher, appeals the order of the Circuit Court of Berkeley County that refused to award her a full-time position. Because Ms. Triggs did not show that she was the best qualified candidate for a position as a full-time teacher, we affirm the circuit court.

Ms. Triggs was a full-time teacher with the Berkeley County Board of Education from 1960 to 1971, when she resigned. Ms. Triggs, who holds a West Virginia professional certificate with a specialization in elementary education for grades one through eight, was recommended for tenure in a 1963 favorable evaluation and was a tenured teacher from 1963 through 1971. In 1979 and every year thereafter, Ms. Triggs contracted with the Board to be a substitute teacher.

In 1987 Ms. Triggs sought to regain a full-time teaching position and, between 1987 and 1989, Ms. Triggs applied for roughly twenty-nine posted vacancies. Ms. Triggs maintains that she should have been hired because her qualifications in at least three cases were superior to the qualifications of the successful applicant.1 Ms. Triggs alleges that even though more than 100 positions became available between [438]*4381987 and 1989, she was never interviewed. The three vacancies that Ms. Triggs alleges were filled by applicants with less teaching experience include: a first grade position at Tuscarora School that was awarded to an applicant with no teaching experience in Berkeley County; a second grade position at Berkeley Heights School that was awarded to an applicant with only one year of experience as a substitute teacher; and, another first grade position at Tuscarora School that was awarded to an applicant with no teaching experience.

Alan Canónico, the Board’s Assistant Superintendent for Personnel, testified that his office prepared a list of the applicants with the appropriate certification for each vacancy. The list, which was given to the principal of the school where the vacancy existed, indicated the applicant’s status as a regular employee, a substitute teacher, or a prospective employee. The selection from the list was made by the principal, after which the superintendent and the board usually approved the principal’s recommendation. Mr. Canónico did not know why Ms. Triggs was not interviewed for the three vacancies for which she had more experience than the successful applicants, nor could he explain how the principals reached their hiring decisions.2 Mr. Canon-ico did note that the successful applicants had taught, either as student or substitute teachers, in the school where they were hired.

Ms. Triggs filed a grievance and a level two hearing was conducted by Craig Man-ford, the superintendent’s designee. Mr. Manford found that Ms. Triggs was entitled to a full-time position and recommended that she be offered employment at the next possible opportunity. Both the Board and Ms. Triggs appealed the decision; however, Ms. Triggs’ appeal was limited to the issue of back pay. The Board waived the matter to level four. After the level four hearing examiner of the West Virginia Education and State Employees Grievance Board found Ms. Triggs was not entitled to full-time employment, Ms. Triggs appealed to the Circuit Court, which upheld the level four decision. Ms. Triggs now appeals here alleging that the Board cannot appeal an unfavorable decision made by a superintendent’s designee and that she was improperly denied a full-time position and back pay.

I.

First, Ms. Triggs argues that the Board of Education cannot appeal the level two decision granting her employment made by the superintendent’s designee under W. Va. Code, 18-29-4 [1985], the statute establishing the grievance levels and procedures.

The grievance procedures set out in W.Va.Code, 18-29-1 et seq. [1989], “are to be given a flexible interpretation in order to carry out the legislative intent.” Spahr v. Preston County Bd. of Educ., 182 W.Va. 726, 391 S.E.2d 739, 743 (1990). See Paxton v. Crabtree, 184 W.Va. 237, 400 S.E.2d 245, 249 (1990) (discussing procedural issues under the W.Va. Human Rights Act); Duruttya v. Bd. of Educ. of County of Mingo, 181 W.Va. 203, 382 S.E.2d 40 (1989). In Syllabus Point 3, Spahr supra, we said:

The legislative intent expressed in W.Va.Code, 18-29-1 (1985), is to provide a simple, expeditious and fair process for resolving problems.

The first hearing3 in this matter was conducted by a designee of the superintendent under W.Va.Code, 18-29-4(b) [1985], which states:

Within five days of receiving the decision of the immediate supervisor, the grievant may appeal the decision to the chief administrator, and such administrator or his or her designee shall conduct a hearing in accordance with section six [§ 18-29-6] of this article within [439]*439five days of receiving the appeal and shall issue a written decision within five days of such hearing. Such decision may affirm, modify or reverse the decision appealed from. [Emphasis added.]

An appeal of the level two decision by the grievant is allowed under W.Va.Code, 18-29-4(c) [1985], which states in pertinent part:

Except as to faculty and classified employees of the board of regents or any state institution of higher education who shall have the option to proceed directly to level four, within five days of receiving the decision of the chief administrator, the grievant may appeal the decision to the governing board of the institution.4 [Emphasis added.]

Ms. Triggs argues that because W.Va. Code, 18-29-4(c) [1985] specifically allows the grievant to appeal, but does not allow the Board or its superintendent to appeal, no appeal by the Board or its superintendent is allowed. Although W. Va. Code, 18-29-4 [1985] does not state that the Board may appeal an adverse decision, the first three decisions on the grievance ladder (except for decisions made by a superintendent’s designee) are made by the immediate supervisor, the superintendent or the Board, making an appeal by the Board unnecessary.

In any event, the Board maintains that its appeal is allowed under W.Va. Code, 18-29-3(t) [1985], which states:

Any chief administrator or governing board of an institution in which a grievance was filed may appeal such decision on the grounds that the decision (1) was contrary to law or lawfully adopted rule, regulation or written policy of the chief administrator or governing board, (2) exceeded the hearing examiner’s statutory authority, (3) was the result of fraud or deceit, (4) was clearly wrong in view of the reliable, probative and substantial evidence on the whole record, or (5) was arbitrary or capricious or characterized by abuse of discretion. Such appeal shall follow the procedure regarding appeal provided the grievant in section four [§ 18-29-4] of this article and provided both parties in section seven [§ 18-29-7] of this article.

Based on W. Va. Code,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McClung v. Board of Education
584 S.E.2d 240 (West Virginia Supreme Court, 2003)
Hall v. Board of Educ. of County of Mingo
541 S.E.2d 624 (West Virginia Supreme Court, 2000)
Board of Education v. Townsend
531 S.E.2d 664 (West Virginia Supreme Court, 2000)
Holmes v. Board of Education
526 S.E.2d 310 (West Virginia Supreme Court, 1999)
Ewing v. Board of Education
503 S.E.2d 541 (West Virginia Supreme Court, 1998)
Hazelwood v. Mercer County Board of Education
488 S.E.2d 480 (West Virginia Supreme Court, 1997)
Bolyard v. Kanawha County Board of Education
459 S.E.2d 411 (West Virginia Supreme Court, 1995)
Ohio County Board of Education v. Hopkins
457 S.E.2d 537 (West Virginia Supreme Court, 1995)
Vest v. Bd. of Educ. of Cty. of Nicholas
455 S.E.2d 781 (West Virginia Supreme Court, 1995)
Davenport v. Gatson
451 S.E.2d 57 (West Virginia Supreme Court, 1994)
Lucion v. McDowell County Board of Education
446 S.E.2d 487 (West Virginia Supreme Court, 1994)
Triggs v. Berkeley County Board of Education
425 S.E.2d 111 (West Virginia Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
425 S.E.2d 111, 188 W. Va. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/triggs-v-berkeley-county-board-of-education-wva-1992.