ORDERS:
ORDER
GRIEVANCE NO. McCI 0542-04
In
the above-captioned matter, Appellant Daniel Brisson appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning his employment at the McCormick Correctional Institution.
Based upon the record presented in this appeal, I find that the Department’s
decision to deny Appellant’s grievance must be affirmed.
BACKGROUND
In
Step 1 and Step 2 Inmate Grievance Forms, submitted on October 26, 2004, and
January 6, 2005, respectively, and identified as grievance number McCI 0542-04,
Appellant contends that he should not have forfeited his state pay as result of
his placement in security detention for over a month. In response to
Appellant’s grievance, the Department found that, between September 9, 2004,
and October 14, 2004, Appellant had refused to return to his cell from security
detention and that he had accordingly forfeited his state pay because he had
been without a prison job for more than fifteen days. Therefore, by a final
agency decision dated January 26, 2005, the Department denied Appellant’s
grievance. Appellant now appeals that denial before this Court.
DISCUSSION
This
appeal is before this Court pursuant to Al-Shabazz v. State, 338 S.C.
354, 527 S.E.2d 742 (2000), Sullivan v. South Carolina Department of
Corrections, 355 S.C. 437, 586 S.E.2d 124 (2003), and Slezak v. South
Carolina Department of Corrections, 361 S.C. 327, 605 S.E.2d 506 (2004).
Having fully considered the documents filed by Appellant and the Department and
having closely reviewed the record in this matter, I find that the Department’s
decision to deny Appellant’s grievance was the result of a routine and
good-faith exercise of the Department’s administrative responsibilities that is
supported by sufficient evidence in the record. Further, there is nothing in
the record to suggest that the Department’s decision was arbitrary, capricious,
or the result of personal bias or prejudice. Accordingly, the Department’s
decision in this matter should be affirmed.
ORDER
For
the reasons set forth above,
IT
IS HEREBY ORDERED that the Department’s decision to deny Appellant’s
grievance is AFFIRMED.
AND
IT IS SO ORDERED.
______________________________
JOHN D.
GEATHERS
Administrative
Law Judge
1205 Pendleton
Street, Suite 224
Columbia, South
Carolina 29201-3731
January 19, 2006
Columbia, South Carolina |
