January 28, 1991

Dr. Kenna R. Seal
Superintendent
Braxton County Schools
400 Fourth Street
Sutton, West Virginia 26601

Dear Dr. Seal:

You have asked:

1. Was the Executive Secretary classification intended for only county office secretaries?

No. The county superintendent of school's secretary must, according to the class title definition of W.Va. Code 18A-4-8, be an executive secretary, and so must any other ". . . secretary who is assigned to a position characterized by significant administrative duties, . . ." according to the definition.

2. What constitutes significant administrative duties?

Although the school law (e.g., in //18-5-18b, 18-9A-2, 18-9A-4 and 18A-1-1) distinguishes administrative from other duties, it does not appear to define "administrative".

3. Would normal school secretarial duties constitute significant administrative duties?

They could. However, by definition, the school secretary normally is classified as Secretary II (according to the /18A-4-8 definition), but with the opportunity to advance to Secretary III without any increase in duties after 12 years (according to the latter's definition in the same statute). There appears to be no legal reason why a school secretary could not advance to the Executive Secretary classification.1

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1 The last sentence of the Secretary II class title definition in /18A-4-8 states, "There is nothing implied herein that would prevent such employees from holding or being elevated to a higher classification." 

Dr. Kenna R. Seal
January 28, 1991
Page 2

4. Lastly, can a secretary assigned to a school be classified as an executive secretary?

Yes, if the county board of education provides for this in its local salary schedule.

A final note: I am not familiar with the custodians' case decision of your circuit court; however, it may have turned on the uniformity of the regular (as well as supplementary) salary law in W.Va. Code 18A-4-5b.2

Hoping that I have been of service, I am,

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

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