ORDERS:
ORDER
GRIEVANCE NO. KER 0458-04
In
the above-captioned matter, Appellant Bennie Mitchell appeals of the decision
of Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning his prison employment history. 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 September 24, 2004, and
October 12, 2004, respectively, and identified as grievance number KER 0458-04,
Appellant contends that the Department has improperly recorded him as having
been fired or terminated from his prison job as a food service aide, and that
this designation has affected his projected release date. After investigating
Appellant’s Grievance, the Department found that Appellant’s job assignment
history does not, in fact, state that he has been fired from any work
assignment, but rather indicates that his job as a food service aide ended due
to medical reasons. The Department further determined that such a designation
would not affect his release date. Therefore, 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 comports with state
law and 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
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