Heather Stewart v. Lincoln County Board of Education
16-0123
| W. Va. | Feb 21, 2017Background
- Heather Stewart began with Lincoln County Board of Education as a substitute secretary in 2007, became Secretary II in 2008, and in 2013 accepted a position posted as a multi-classification Clerk II/Accountant II created for that role.
- Stewart filed a grievance in Nov. 2013 seeking reclassification to Secretary III or Executive Secretary, asserting ~40% of her duties matched those higher classifications.
- The Level One grievance was denied; she appealed through Level Two (mediation unsuccessful) to Level Three where an ALJ in Oct. 2014 found her duties fit the statutory definition and job description for Clerk II/Accountant II and denied relief.
- Stewart appealed the Board’s denial to the Circuit Court of Kanawha County; the circuit court affirmed the Board by order dated Jan. 13, 2016.
- Stewart appealed to the West Virginia Supreme Court of Appeals, which reviewed the record and affirmed the circuit court’s decision by memorandum opinion on Feb. 21, 2017, adopting the circuit court’s findings.
- The central factual dispute was whether Stewart performed duties (receiving callers, transcriptions, routine correspondence) that would distinguish a Secretary classification from a Clerk classification; the ALJ and circuit court found she did not.
Issues
| Issue | Stewart's Argument | Lincoln County BOE's Argument | Held |
|---|---|---|---|
| Whether Stewart's position was misclassified and should be Secretary III or Executive Secretary instead of Clerk II/Accountant II | Stewart: ~40% of duties match Secretary III/Executive Secretary and thus position should be reclassified | Board: duties fit Clerk II/Accountant II statutory definition and job description; no reclassification warranted | Court: Affirmed — substantial evidence supports ALJ and circuit court that duties align with Clerk II/Accountant II; no clear error |
Key Cases Cited
- Cahill v. Mercer County Bd. of Educ., 208 W. Va. 177, 539 S.E.2d 437 (W. Va. 2000) (standard of review for grievance rulings: deferential to ALJ fact findings, plenary for legal conclusions)
- Darby v. Kanawha Cty. Bd. of Educ., 227 W. Va. 525, 711 S.E.2d 595 (W. Va. 2011) (restate standard of review for grievance/administrative decisions)
- Randolph Cnty. Bd. of Educ. v. Scalia, 182 W. Va. 289, 387 S.E.2d 524 (W. Va. 1989) (administrative hearing examiner findings should not be reversed unless clearly wrong)
- Armstrong v. W.Va. Div. of Culture and History, 229 W. Va. 538, 729 S.E.2d 860 (W. Va. 2012) (applies the clear-error deferential standard to Board decisions)