Ward

INTRODUCTION

Petitioner and appellant Dr. James Ward was hired as a dentist at Ironwood State

Prison (Ironwood) in July 2007. His temporary two-year position expired in July 2009.

Ward contends he was actually hired for a permanent position, not a limited-term position

for only two years. After a State Personnel Board (SPB) administrative hearing, Ward

received a proposed decision in his favor, awarding him a permanent full-time position.

The SPB rejected the proposed decision and rendered a decision dismissing Ward’s merit

issue complaint. Ward appeals from a judgment denying his petition for writ of

administrative mandamus, challenging the SPB’s decision dismissing his complaint.

The administrative record demonstrates there was some bureaucratic confusion

about whether the chief dentist position was meant to be permanent or limited term.

Some of the employment documents refer to it as being permanent and some to it being

for a limited term. Based on a collection of exhibits, Ward testified that, throughout the

hiring and employment process, it was represented to him and he understood that the

position was for a limited term with the possibility of becoming full…