H. B. 2365
(By Delegates Perry, Beach, Pino, Morgan and Crosier)
[Introduced February 15, 2005; referred to the
Committee on Education then the Judiciary.]
A BILL to amend and reenact §18-5-5 of the Code of West Virginia,
1931, as amended, relating to county boards of education
generally; prohibiting individual board members from acting on
behalf of the board in an individual capacity unless
authorized by statute; and assessing personal liability for
violations.
Be it enacted by the Legislature of West Virginia:
That §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.
§18-5-5. Corporate character and general powers of board;
exception of school property from legal process and
taxes.
(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 shall
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
statute.
(e) A member of the board who violates any provision of
subsection (d) of this section is personally liable for all costs
and personal judgments incurred as a result of the violation,
including attorney fees.
NOTE: The purpose of this bill is to
prohibit individual
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
be added.
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