January 8, 1993

Mr. Dennis Edge
Assistant Superintendent
Marion County Schools
200 Gatson Avenue
Fairmont, West Virginia 26554-2778

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

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools

5413e/vlb

cc: Ms. Jane Reynolds
Interim Superintendent
Marion County Schools