OPINION ISSUED JANUARY 19, 1990
BOARD OF EDUCATION OF THE COUNTY OF GRANT
AND DAVID ADKINS, ET AL. AND THE BOARD OF
EDUCATION OF THE COUNTY OF RITCHIE
BOARD OF EDUCATION
J. David Cecil, Attorney at Law, for claimants.
Lowell D. Greenwood, Assistant Attorney General, for respondent.
These actions were brought by these two county boards of education against respondent to recover
back wages and administrative fees in accordance with the decision of the West Virginia Supreme
Court of Appeals in State ex rel. Board of Education for the County of Grant and Board of Education
for the County of Ritchie vs. Honorable A. James Manchin, Treasurer of the State of West Virginia;
Glen B. Gainer, Auditor of the State of West Virginia; and Honorable W. Tom McNeel, State
Superintendent of Schools, issued on February 24, 1989.
Claimants brought a mandamus action to have West Virginia Code Chapter 18A, Article 4, Section
5 declared unconstitutional which section the Supreme Court did determine was unconstitutional.
The West Virginia Legislature corrected the inequity in the statute to provide prospective relief to
these two counties. However, for fiscal years 1986-87 and 1987-88 the employees lost wages due
them. When the counties make the salary adjustments for its employees, they will incur
administrative expenses. These amounts have been calculated by respondent and agreed to by
The Court, having reviewed the documentation provided in these claims, is of the opinion that the
counties are entitled to recover the amounts for the salary adjustments for the school service
personnel and the professional employees and the administrative expenses. Therefore, the Court
makes an award to the Grant County board of Education in the amount of $1,295,340.60, and to the
Ritchie County board of Education in the amount of $396,636.00.
Award of $1,295,340.60 to Grant County Board of Education.
Award of $396,636.00 to Ritchie County Board of Education.