February 13, 1991
Ms. Kimberly A. Levy
West Virginia School Service
1610 Washington Street, East
Charleston, West Virginia 25311
Dear Ms. Levy:
You have asked:
If five substitute secretaries are duly employed as regular secretaries and have entered into their assigned duties for the county board of education on August 31, 1989; however, the principal at one school asked one of the secretaries to begin her duties three days prior to the beginning of the employment term with the understanding
that the principal would request board approval for either payment of wages or a compensatory time-off arrangement -- yet the board of education has never acted upon this request: Did the secretary in question, in fact, begin work on August 28, 1989? Is this date or August 31, 1989, the secretary's correct seniority date?
Unless the county board of education acts to employ this substitute secretary effective August 28, 1989, rather than August 31, 1989, the latter date is the beginning date for her seniority -- subject, of course, to a decision by the Education and State Employees Grievance Board or a court. The school principal does not appear to have had authority to employ her earlier.*
Hoping that I have been of service, I am,
State Superintendent of Schools
cc: Mr. David L. Acord
Kanawha County Schools
* Cf. W.Va. Code 18A-2-5 and 9.