- M E M O R A N D U M -

TO: County Superintendents

FROM: Henry Marockie
State Superintendent of Schools

SUBJECT: Code 18-5-4 Requirement That County Boards Meet On First Monday In July

DATE: May 9, 1994

W.Va. Code 18-5-4 requires that county boards shall meet each year on the "first Monday of July". Last year the first Monday in July was July 5, which was a legal holiday due to July 4 falling on a Sunday. This year, the first Monday in July is July 4, a legal holiday.

Last year, we received several inquiries as to whether boards were in fact required by law to meet on the legal holiday. In some counties, a quorum of board members could not be obtained in any event due to members' absences over the holiday weekend.

In anticipation of similar questions this year, please be advised as follows:

1. Under W.Va. Code §2-2-1 and §2-2-2, when an official act or proceeding is to be done on a particular day of the month and that day happens to be a legal holiday, then the next day that is not a Saturday, Sunday or legal holiday shall be deemed to be the day intended.

2. Further, if a board is unable to transact business due to the absence of a quorum then it should meet as soon thereafter as it is possible to do so.