December 28, 2005

Dr. Steven Nichols, Superintendent
Jefferson County Schools
Post Office Box 987
Charles Town, West Virginia 25414

RE: Legality of Establishing Memoranda of Understanding

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.

Sincerely,

/s/

Steven L. Paine
State Superintendent of Schools

SLP/sdg