ORDERS:
ORDER
GRIEVANCE NO. McCI 0327-05
In
the above-captioned matter, Appellant Troy Burks appeals of the decision of
Respondent South Carolina Department of Corrections (Department) to deny his
grievance concerning the processing of his grievances. 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 April 27, 2005, and June
1, 2005, respectively, and identified as grievance number McCI 0327-05,
Appellant contends that grievance officials at the McCormick Correctional
Institution failed to comply with the Department’s internal timelines for the
processing of inmate grievances. In response to Appellant’s grievance, the
Department conceded that there had been delays in its response to some of
Appellant’s grievances, but further concluded that grievance officials at
McCormick were “doing their utmost to respond as quickly as their
investigations are complete.” Therefore, by a final agency decision dated July
21, 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
June 20, 2006
Columbia, South Carolina |