Interpretation's Date: December 28, 2005
by superintendent Steven L. Paine
Section: III. County Educational Administration
SubSection: A. County Boards of Education
December 28, 2005
Dr. Steven Nichols, Superintendent
RE: Legality of Establishing Memoranda of
Dear Dr. Nichols:
You have asked about the legality of entering into memoranda of understanding between the Jefferson County Board of Education and the Jefferson County Parks and Recreation Department to develop a collaborative approach to sharing facilities.
I am in receipt of your request for a Superintendent's Interpretation regarding your
proposal is governed by the statute concerning Intergovernmental Relations–Contracting
and Joint Enterprises, West Virginia Code § 8-23-1 et seq. By statute, a county board of
education as well as a county commission is considered a public agency and both are
permitted to enter into agreements to cooperate on public works, such as recreational
facilities. I am enclosing a copy of the pertinent sections of the statute. Such
intergovernmental agreements must be submitted to the Office of Attorney General and
filed with the County Clerk.
I am also enclosing an Attorney General's Opinion from 1975 okaying such an agreement between a county and a board of education for the county to pay for the lighting equipment on a baseball field owned by the county board of education.
I wish you success in your efforts.
Steven L. Paine