Since the statutorily-fixed date for county board organizational meeting falls on Independence Day when is our board to meet?
By Kimberly S. Croyle, Esq.
In regard to the oft-posed question concerning the organizational meeting of county boards of education when the first Monday in July falls on a legal holiday, two particular West Virginia Code Sections apply.
- §18-5-1c (a). Organization of board.
On the first Monday of July, following each biennial primary election, each respective county board shall organize and shall elect a president from its own membership for a two-year term. The county board shall report promptly to the state superintendent the name of the member elected as county board president…
- §2-2-1. Legal holidays; official acts or court proceedings. If any applicable provision of this code or any legislative rule or other administrative rule or regulation promulgated pursuant to the provisions of this code designates a particular date on, before or after which an act, event, default or omission is required or allowed to occur, and if the particular date designated falls on a Saturday, Sunday, legal holiday or designated day off, then the date on which the act, event, default or omission is required or allowed to occur is the next day that is not a Saturday, Sunday, legal holiday or designated day off.
For 2016, because Monday, July 4 is a legal holiday, the organizational meeting cannot occur until at least July 5, 2016, which is on a Tuesday.
In the past, however, a few county boards have utilized a date preceding the first Monday in July for their organization if/when that particular date falls on Independence Day.
Because the statute dictates that the organizational meeting be held on the first Monday of July and West Virginia Code Section §2-2-1 directs what to do in the event that day is a legal holiday, the conservative approach would be to hold the meeting on July 5.
Kim Croyle, a partner in the firm of Bowles Rice LLP (Morgantown) and a member of the Bowles Rice Education Law group. She advises, represents and conducts trainings for school districts, regional education service agencies, and multi-county career and technical education centers.