Interpretation's Date: January 8, 1993
by superintendent Henry Marockie
Section: V. Personnel
SubSection: C. Service Personnel
January 8, 1993
Mr. Dennis Edge
Dear Mr. Edge:
You have asked:
"If an employee, hired to transport special education students on a mid-day run, fails to notify his immediate supervisor that the need no longer exists (i.e. no students) but continues to report the daily time, does the county have any legal recourse to recoup the wages paid for no service?"
The employee has a contract to work and, therefore, is entitled to be assigned work; however, the employee should have told the board that another assignment was needed when no more special education students were available for the mid-day run. This could be a case of wilful neglect of duty or, perhaps, insubordination. Therefore, a disciplinary proceeding in accordance with W. Va. Code 18A-4-8 appears to be the way to determine whether this bus operator owes the county board of education any money.
Hoping that I have been of service, I am
cc: Ms. Jane Reynolds