OPINION ISSUED DECEMBER 8, 1987
SECRETARY OF STATE
DEPARTMENT OF EDUCATION
No appearance by claimant.
Robert D. Pollitt, Senior Assistant Attorney General, for
This claim was submitted for decision based upon the allegations
Notice of Claim and
Claimant seeks $43.10 for copies of Level IV decisions from the
Employees Grievance Board which were furnished by the
Division of the
Secretary of State. The invoice for the copies has not been paid.
respondent admits the
validity and amount of the claim and states that there were
funds in respondent's
budget for the appropriate fiscal year with which the claim could
been paid; however, the
respondent was unable to make payment as the State Auditor returned
transmittal to the respondent with the explanation that the
the State of West Virginia
lacks sufficient funds to process the transmittal.
The Court has review the petition and Answer and finds the State
had sufficient funds
within its appropriated budget to pay the claim and, for this
the claimant is entitled to an
award from the respondent.
As this is a claim between two State agencies, the Court makes an
advisory award in the
amount of $43.10.