Connie Elaine Mayle v. Barbour County Board of Education
17-0204
| W. Va. | Jan 8, 2018Background
- Connie Elaine Mayle was a special education aide whose employment ended after 2014–2015; she was placed on the county’s preferred recall list.
- Barbour County posted a vacancy for an Early Childhood Classroom Assistant Teacher (ECCAT) position in July 2015; Mayle was not notified and did not apply, but was considered because of recall-list status.
- The Board appointed Sherry Jones, who held ECCAT certification, to the position on July 27, 2015.
- Mayle filed a grievance claiming the Board violated W. Va. Code § 18A-4-8b(p) by failing to notify persons on the preferred recall list; the Grievance Board denied relief as any notification error was harmless because Jones was better qualified.
- The circuit court affirmed, finding Mayle lacked ECCAT certification, aide seniority did not count as ECCAT seniority, and the Board’s failure to notify was harmless; this Court affirmed in a memorandum decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of ECCAT certification precluded Mayle from the ECCAT vacancy | Mayle: statute grouping ECCAT titles with aide classification means any aide qualifies; her greater aide seniority entitled her to the position | Board: ECCAT and aide titles are separately defined classifications with distinct qualifications and seniority | Held: Mayle was not qualified without ECCAT certification; aide and ECCAT seniority are separate, so she had no ECCAT seniority |
| Whether failure to notify Mayle of the vacancy required reversal | Mayle: nondisclosure of vacancy injured her recall rights under § 18A-4-8b(p) | Board: even if notification was omitted, appointment of Jones would have occurred anyway due to qualifications | Held: Failure to notify was harmless error because Jones would have been appointed regardless |
Key Cases Cited
- Martin v. Barbour Cty. Bd. of Educ., 228 W.Va. 238, 719 S.E.2d 406 (W. Va. 2011) (standards of review for circuit court reviewing grievance board decisions; deference to factual findings, plenary review of legal conclusions)
- Miller v. Bd. of Educ. of Boone Cty., 190 W.Va. 153, 437 S.E.2d 591 (W. Va. 1993) (harmless error doctrine: nonprejudicial errors need not result in reversal)