BRENDA YOKUM,
Grievant,
v. Docket No. 00-42-229
RANDOLPH COUNTY BOARD OF EDUCATION,
Respondent.
DECISION
Brenda Yokum (Grievant) initiated this grievance on March 9, 2000, seeking
reclassification from Accountant II/Secretary III to Accountant III/Secretary III, with back
pay and benefits to March 1, 2000. The grievance was denied at level one on March 20,
2000. A level two hearing was held on April 5, 2000, followed by a decision denying the
grievance dated June 29, 2000. Level three consideration was waived, and Grievant
appealed to level four on July 12, 2000. After a continuance granted for good cause
shown, a level four hearing was held in the Grievance Board's office in Morgantown, West
Virginia, on October 11, 2000. Grievant was represented by counsel, John E. Roush, and
Respondent was represented by counsel, Basil R. Legg, Jr. This matter became mature
for consideration upon receipt of the parties' fact/law proposals on November 22, 2000.
The following findings of fact are made from a preponderance of the evidence of
record.
Findings of Fact
1. Grievant has been employed by Respondent Randolph County Board of
Education (RCBOE) since 1987. Prior to late 1999, Grievant was a school secretary.
2. Beginning on October 6, 1999, Grievant was transferred to RCBOE's centraloffice and was assigned to assist the Coordinator of Food Services, who administers the
school lunch program. At that time, she was classified as an Accountant II/Secretary III.
3. Effective March 1, 2000, billing and payment for school lunches was
assigned to Grievant, rather than being handled by each individual school, as it had been
previously.
4. As of March 1, 2000, Grievant performs the following duties:
After receiving information from the individual schools, she
generates the school lunch bills for parents and staff members.
When payments are received for lunches, she receipts them
and prepares bank deposits of those funds.
She receives bills from food and supply vendors, reviews them
for accuracy, and forwards them to the finance department for
payment.
5. RCBOE's job description for Accountant II states that the position's job goal
is to assist and perform financial accounting responsibilities in their school, department
or division. Financial record keeping for the school lunch program is listed as one of the
responsibilities for that position.
6. RCBOE's job description for Accountant III lists the job goal as to assist with
the accounting tasks and fiscal responsibilities for the school system as assigned by the
Director of Finance/Treasurer.
Discussion
The burden of proof is upon the grievant to establish, by a preponderance of theevidence, that her duties more closely match those of another
W. Va. Code § 18A-4-8
class title than that under which her position is categorized.
Pierantozzi v. Brooke County
Bd. of Educ., Docket No. 96-05-061 (May 31, 1996);
Porter v. Hancock County Bd. of
Educ., Docket No. 95-15-493 (May 24, 1994);
Hatfield v. Mingo County Bd. of Educ.,
Docket No. 91-29-077 (Apr. 15, 1991). "[S]imply being required to undertake some
responsibilities normally associated with a higher classification, even regularly, does not
render a grievant misclassified,
per se."
Midkiff v. Lincoln County Bd. of Educ., Docket No.
95-22-262 (Mar. 19, 1996), citing
Hamilton v. Mingo County Bd. of Educ., Docket No.
91-29-077 (Apr. 15, 1991).
W. Va. Code §18A-4-8 requires county boards of education to "review each service
personnel employee's job classification annually and . . . reclassify all service employees
as required by such job classifications." A board of education is obligated to classify
school service personnel according to the duties performed by said employees.
Taflan v.
Hancock County Bd. of Educ., Docket No. 15-86-099-2 (Jan. 12, 1987).
Accountant II is defined by
W. Va. Code § 18A-4-8 as personnel employed to
maintain accounting records and to be responsible for the accounting process associated
with billing, budgets, purchasing and related operations. The same statute defines
Accountant III as personnel who are employed in the county board office to manage and
supervise accounts payable and/or payroll procedures.
"County boards of education may
expand upon the
W.Va. Code §18A-4-8 classification definitions in a manner which is
consistent with those definitions.
Brewer v. Mercer County Bd. of Educ., Docket No.
91-27-002 (March 30, 1992)."
Pope and Stanley v. Mingo County Bd. of Educ., Docket No.91-29-068 (July 31, 1992).
Although RCBOE's job descriptions differ slightly from the
definitions set forth in
W. Va. Code § 18A-4-8, the basic difference between the two
positions remains the same. The Accountant II position contemplates an individual who
performs accounting functions at the school, department, or division level, while an
Accountant III is expected to handle accounts payable or payroll responsibilities for the
entire school system. The evidence is uncontradicted that Grievant is largely responsible
for administration of the school lunch program, through generation of bills and receipt of
payments, along with monitoring food vendors' bills. She is performing accounting
functions for a department or division, i.e. Food Services. Grievant does not perform
payroll or accounts payable duties for the entire county, so she is clearly properly
classified as an Accountant II.
Consistent with the foregoing, the following conclusions of law are made.
Conclusions of Law
1. The burden of proof is upon the grievant to establish, by a preponderance
of the evidence, that her duties more closely match those of another
W. Va. Code §
18A-4-8 class title than that under which her position is categorized.
Pierantozzi v. Brooke
County Bd. of Educ., Docket No. 96-05-061 (May 31, 1996);
Porter v. Hancock County Bd.
of Educ., Docket No. 95-15-493 (May 24, 1994);
Hatfield v. Mingo County Bd. of Educ.,
Docket No. 91-29-077 (Apr. 15, 1991).
2. Accountant II is defined as personnel employed to maintain accounting
records and to be responsible for the accounting process associated with billing, budgets,
purchasing and related operations.
W. Va. Code § 18A-4-8. 3. Accountant III is defined as personnel who are employed in the county
board office to manage and supervise accounts payable and/or payroll procedures.
4.
"County boards of education may expand upon the
W.Va. Code §18A-4-8
classification definitions in a manner which is consistent with those definitions.
Brewer v.
Mercer County Bd. of Educ., Docket No. 91-27-002 (March 30, 1992)."
Pope and Stanley
v. Mingo County Bd. of Educ., Docket No. 91-29-068 (July 31, 1992).
5. Grievant has failed to prove by a preponderance of the evidence that she is
misclassified.
Accordingly, this grievance is
DENIED.
Any party may appeal this Decision to the Circuit Court of Kanawha County or the
Circuit Court of Randolph County, and such appeal must be filed within thirty (30) days of
receipt of this Decision. W. Va. Code § 18-29-7. Neither the West Virginia Education and
State Employees Grievance Board nor any of its Administrative Law Judges is a party to
such appeal and should not be so named. However, the appealing party is required by
W. Va. Code § 29A-5-4(b) to serve a copy of the appeal petition upon the Grievance
Board. The appealing party must also provide the Board with the civil action number so
that the record can be prepared and properly transmitted to the appropriate circuit court.
Date: November 28, 2000 _______________________________
DENISE M. SPATAFORE
Administrative Law Judge