West Virginia Education Ass'n v. Preston County Board of Education

Citations: 171 W. Va. 38; 297 S.E.2d 444; 1982 W. Va. LEXIS 898Docket: No. 15451

Court: West Virginia Supreme Court; October 28, 1982; West Virginia; State Supreme Court

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Echols Jeffries, appointed superintendent of Preston County schools on July 1, 1980, nominated his wife, Nell K. Jeffries, for the Director of Curriculum and Instruction position. She was deemed the most qualified candidate after an interview, possessing a Master's degree, extensive teaching experience, and administrative background in special education. The Board of Education approved her nomination, effective August 4, 1980, after consulting legal counsel, who found no statutory barriers to her employment. Mrs. Jeffries signed a standard teacher’s contract and received a salary supplement as a county school administrator.

On September 19, 1980, the West Virginia Education Association (WVEA) and a taxpayer filed for a declaratory judgment, asserting that her hiring violated W.Va. Code § 61-10-15, which prohibits school superintendents from benefiting from contracts where they have influence. They sought the removal of Mr. Jeffries and Board members who supported her hiring. The trial judge dismissed the complaint, prompting an appeal by WVEA. The relevant law requires superintendents to recommend candidates for employment, which the Board must approve. It also prohibits superintendents from profiting from contracts they influence but includes a proviso allowing the employment of their spouses in public schools. 

The trial court incorrectly classified Mrs. Jeffries as a "teacher" under the statute, thus misinterpreting the legal implications of her appointment. Definitions from the West Virginia Code clarify that "teacher" encompasses various educational roles, including principals and administrators, which may complicate the case regarding her employment status.

A central office administrator includes the superintendent and other educational professionals responsible for overseeing parts of the countywide school system. The statutes in Chapters 18 and 18A are to be interpreted together, with Chapter 18A taking precedence in cases of inconsistency. A 'teacher' under these chapters encompasses 'central office administrators' and 'principals,' as established in the case law. However, the definition of 'teacher' in Code § 61-10-15 must not include principals, as the separate listings in that statute reflect legislative intent to define the term more narrowly. The common definition of 'teacher' aligns with that of 'classroom teacher,' indicating a direct instructional role with students. Legislative distinctions exist between those directly interacting with students and central office administrators. In this case, Mrs. Jeffries, as a central administrator receiving additional county funds that benefited her husband (the superintendent), exemplifies the self-dealing that Code § 61-10-15 seeks to prevent. The superintendent's nomination of his wife for this position constitutes a violation of the same code. The West Virginia Education Association (WVEA) sought a declaratory judgment regarding this matter, recognizing that specific procedures exist under Code § 6-6-7 for the removal of county officers, which cannot be combined with a declaratory judgment action.

Mr. Jeffries is no longer a superintendent, making Code, 6-6-7 proceedings unnecessary in his case. He has violated Code, 61-10-15, which is classified as a misdemeanor and is subject to a one-year statute of limitations under Code, 61-11-9. The relevant statute prohibits certain public officials, including members of county commissions and school officials, from having a financial interest in contracts they influence. Violators face fines ranging from $50 to $500 and may be imprisoned for up to one year, with mandatory removal from office and revocation of teaching certificates upon conviction. Additionally, individuals or entities offering compensation to influence these officials face fines between $500 and $2,500 and potential imprisonment, with certain exceptions for legally required newspaper publications. Mr. Jeffries served as Superintendent until June 30, 1982, and is currently teaching in Preston County. A board member who supported Mrs. Jeffries' appointment has also left the board. Legislative amendments to Code, 61-10-15 and related definitions were made in 1975 and 1977, reflecting the Legislature's awareness of existing laws in the relevant jurisdiction.