OPINION ISSUED APRIL 23, 1987
JEFFREY ALAN RICHARD
DEPARTMENT OF EDUCATION
No appearance by claimant.
Robert D. Pollitt, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks an award of $202.50 as salary compensation for the
months of January,
February and March, 1986. Claimant is a certified teacher with
respondent's Colin Anderson
Center facility. He completed the course work for a Masters degree
August, 1985. He was
granted advanced certification and salary adjustment, but he never
received same. In its Answer,
respondent admits the validity and amount of the claim and states
it was not paid although
there is a valid nonappealable Order by the West Virginia Education
Board directing payment by the respondent. The respondent has no
statutory authority for
paying the Order as the amount represents personal services funds
respondent may not pay
retroactive salary increases. Respondent further states that
funds were on hand at the
close of the fiscal year in question.
In view of the foregoing, the Court grants an award to the
the amount of $202.50.
Award of $202.50.