Kelly v. Department of State Police

By Judge Jonathan C. Thacher

This matter was heard September 23,2011, on appeal of a determination rendered by the Employment Dispute Resolution (“EDR”) that Petitioner was not entitled to a hearing on his employee grievance pursuant to § 2.1-114.5:1(D)(4) of the Virginia Code. The primary issue at bar is whether the EDR’s decision was arbitrary or capricious.

Background

Petitioner filed a grievance with the Department of State Police challenging his 2009-2010 performance evaluation. During this annual performance evaluation, the Petitioner’s immediate supervisor evaluated seven performance…