Owens v. Lincoln County Board of Education (Signed Opinion)
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The Supreme Court affirmed the decision of the circuit court reversing the decision of the Public Employees Grievance Board (PEGB) determining that Petitioners, employees of the Lincoln County Board of Education, did not qualify as Executive Secretaries under W. Va. 18A-4-8(i)(45), holding that the circuit court did not err.
Petitioners filed grievances with the PEGB seeking reclassification from Secretary III to Executive Secretary. The PEGB found that Petitioners did not meet section 18A-4-8(i)(45)'s definition of Executive Secretary but that they were entitled to reclassification because they met the Board's definition of Executive Secretary. The circuit court affirmed the PEGB's determination that Petitioners did not qualify as Executive Secretaries under the Code but reversed the decision granting Petitioners' requested classification, concluding that the Board's definition of Executive Secretary contravened state law because it conflicted with section 18A-4-8(i)(45). The Supreme Court affirmed, holding that the Board's definition of the Executive Secretary title was unquestionably contrary to the law.
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