Interpretation's Date: May 9, 1994
by superintendent Dr. Henry Marockie
Section: III. County Educational Administration
SubSection: A. County Boards of Education
- M E M O R A N D U M -
FROM: Henry Marockie
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
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.