OPINION ISSUED MAY 13, 1988
HUMAN RIGHTS COMMISSION
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 $522.78 for travel expenses incurred when he served
for respondent State agency. The respondent admits the validity and
amount of the claim and
states that there were sufficient funds in respondent's budget for
appropriate fiscal year with
which the claim could have been paid; however, the respondent was
to make payment as
the State Auditor returned the transmittal to the respondent with
explanation that the
Treasury of the State of West Virginia lacked sufficient funds to
process the transmittal.
The Court has reviewed the petition and the Answer and finds the
agency had sufficient
funds within its appropriated budget to pay the claim and for this
reason, the claimant is entitled
to an award from the respondent.
In view of the foregoing, the Court makes an award in the amount
Award of $522.78.