Mingo County Bd. of Educ. v. Jones
In Mingo County Bd. of Educ. v. Jones, 204 W.Va. 340, 512 S.E.2d 597 (1998), the Board posted notice of a vacancy in a high school principal's position.
Frank Jones was the only person who applied for the job. After interviewing Jones, the selection committee reported to the superintendent that Jones met the basic qualifications for the job; however, the committee requested that the position be reposted so other applicants could be evaluated.
The superintendent complied and reposted the position. Jada Hunter then applied for the job. After interviewing Hunter, the committee reported to the superintendent that both applicants were qualified and each would be a benefit to the school.
Based upon personal knowledge of the backgrounds of the two applicants, the superintendent recommended that the Board hire Hunter.
Jones filed a grievance which the West Virginia Education and State Employees Grievance Board granted, ordering that Jones be placed in the principal's position.
The Board appealed to circuit court where the Grievance Board's decision was reversed. Jones appealed to this Court, contending that the circuit court erred by holding that the statute permits multiple postings of a job vacancy as long as the vacancy is filled within the thirty-day time limit.
Because county boards of education are bound by procedures they establish and the Board set a deadline in the original posting, this Court held that "it was bound to adhere to the deadline, and to hire the single qualified applicant who had filed during that application period." Id., 204 W.Va. at 343, 512 S.E.2d at 600.