House Bill 2365 History
OTHER VERSIONS -
H. B. 2365
(By Delegates Perry, Beach, Pino, Morgan and Crosier)
(Originating in the Committee on the Judiciary)
[March 25, 2005]
A BILL to amend and reenact §18-5-4 and
§18-5-5 of the Code of West
Virginia, 1931, as amended, relating to county boards of
education generally; providing for disclosure of personal and
pecuniary interests and excusal from voting; prohibiting
individual board members from acting on behalf of the board in
an individual capacity unless authorized by statute; and
penalty for violations.
Be it enacted by the Legislature of West Virginia:
That §18-5-4 and §18-5-5
of the Code of West Virginia, 1931,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-4. Meetings; employment and assignment of teachers; budget
hearing; compensation of members; affiliation with
state and national associations.
(a) The county board shall meet on the first Monday in July,
and upon the dates provided by law for the laying of levies, and at any other times the county board fixes upon its records. Subject
to adequate public notice, nothing herein shall prohibit the county
board from conducting regular meetings in facilities within the
county other than the county board office. At any meeting as
authorized in this section and in compliance with the provisions of
article four of this chapter, the county board may employ qualified
teachers, or those who will qualify by the time they enter upon
their duties, necessary to fill existing or anticipated vacancies
for the current or next ensuing school year. At a meeting of the
county board, on or before the first Monday in May, the county
superintendent shall furnish in writing to the county board a list
of those teachers to be considered for transfer and subsequent
assignment for the next ensuing school year. All other teachers
not listed are considered as reassigned to the positions held at
the time of this meeting. The list of those recommended for
transfer shall be included in the minute record and the teachers
listed shall be notified in writing. The notice shall be delivered
in writing, by certified mail, return receipt requested, to the
teachers' last known addresses within ten days following the board
meeting, of their having been recommended for transfer and
(b) Special meetings may be called by the president or any
three members, but no business may be transacted other than that
designated in the call.
(c) In addition, a public hearing shall be held concerning the
preliminary operating budget for the next fiscal year not fewer than ten days after the budget has been made available to the
public for inspection and within a reasonable time prior to the
submission of the budget to the state board for approval.
Reasonable time shall be granted at the hearing to any person who
wishes to speak regarding any part of the budget. Notice of the
hearing shall be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code.
(d) A majority of the members of the county board constitutes
the quorum necessary for the transaction of official business.
(e) When a question is put to a vote of the board, any member
having a direct personal or pecuniary interest therein shall
announce this fact and request to be excused from voting. The
member may be excused from voting if in the opinion of the
presiding chair the disqualifying interest affects the member
directly and not as one of a class.
(e) (f) Board members may receive compensation at a rate not
to exceed one hundred sixty dollars per meeting attended, but they
may not receive pay for more than fifty meetings in any one fiscal
year. Board members who serve on an administrative council of a
multicounty vocational center also may receive compensation for
attending up to twelve meetings of the council at the same rate as
for meetings of the county board. Meetings of the council are not
counted as board meetings for purposes of determining the limit on
compensable board meetings.
(f) (g) Members also shall be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses,
including all authorized meetings, incurred on official business,
at the order of the county board.
(g) (h) When, by a majority vote of its members, a county
board considers it a matter of public interest, the county board
may join the West Virginia School Board Association and the
National School Board Association and may pay the dues prescribed
by the associations and approved by action of the respective county
boards. Membership dues and actual traveling expenses incurred by
board members for attending meetings of the West Virginia school
board association may be paid by their respective county boards out
of funds available to meet actual expenses of the members, but no
allowance may be made except upon sworn itemized statements.
§18-5-5. Corporate character and general powers of board; exception
of school property from legal process and taxes;
personal liability for unauthorized actions and
obligations made by individual members.
(a) The county board of education
shall be is a corporation by
the name of "The board of education of the county of ..........,"
and as such may sue and be sued, plead and be impleaded, contract
and be contracted with. It shall succeed and be subrogated to all
the rights of former magisterial and independent district boards
and may institute and maintain any and all actions, suits and
proceedings now pending or which might have been brought and
prosecuted in the name of any former board for the recovery of any money or property, or damage to any property due to or vested in
the former board, and shall also be liable in its corporate
capacity for all claims legally existing against the board of which
it is a successor. The board shall, according to law, hold and
dispose of any real estate or personal property belonging to the
former corporation or its predecessors, or that may hereafter come
into its possession.
(b) The board according to law and the intent of the
instrument conferring title, shall receive, hold and dispose of any
gift, grant or bequest.
(c) All public school property used for school purposes
be is exempt from execution or other process, and free from lien or
distress for taxes or municipal, county or state levies.
(d) Except where expressly authorized by law, a member of a
county board of education acting in an individual capacity separate
from the setting of a county board of education convened for the
transaction of business may not make obligations on behalf of the
board, commit the board's funds, utilize the board's property,
employees or services without prior knowledge and consent of the
board, administer the school system, hire board employees,
supervise or evaluate the board's employees or students, disregard
the policies of the board or rules of its schools or attempt to
exercise any other authority relating to the county schools or
school board outside the scope of authority expressly provided by
(e) The violation by a member of the board of any provision of subsection (d) of this section may constitute malfeasance in office
warranting the removal of the member from office pursuant to
section seven, article six, chapter six of this code.
NOTE: The purpose of this bill is to
county board of education members from acting on behalf of the
board in an individual capacity unless authorized by statute. The
bill also assesses personal liability for violations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would