January 20, 1993

Mr. Thomas D. Hagg
Hancock County Prosecuting Attorney P. O. Box 2290
Weirton, West Virginia 26062

RE: Mrs._Connie_Sherensky

Dear Mr. Hagg:

You have asked whether the county board of education can compensate its president for wages lost due to her attendance at a trial, at the request of an insurance carrier, because the board is a party defendant.

No. There is no law which would authorize this.

However, W.Va. Code 18-5-4 does authorize the county board of education to pay its president (or any other member) for traveling expenses incurred on official board business; so, the board could pay Mrs. Sherensky's traveling expenses resulting from her participation on behalf of the board in the trial.

Specifically, this statute prescribes:

"Members shall also be paid, upon the presentation of an itemized sworn statement, for all necessary traveling expenses, including all authorized meetings, incurred on official business, at the order of the board."

Hoping that I have been of service, I am

Sincerely,

/s/

Henry Marockie
State Superintendent of Schools