ClayByGumminesWV

January 28, 2002
Schools chief had background check run on person who requested info


By Eric Eyre
Staff writer

CLAY County Schools Superintendent Jerry Linkinoggor knows most folks in the county.

So when a person came to the Board of Education office in Clay in October, asked for the superintendent's employment contract and declined to identify himself, Linkinoggor became suspicious.

"It was real eerie and real scary," Linkinoggor recalled. "He came close to being escorted out of here by the sheriff."

Linkinoggor was one of six county school superintendents in West Virginia who refused to release copies of their contracts during an audit to determine how well county officials comply with the state's Freedom of Information Act. Superintendent contracts detail salaries and fringe benefits.

The superintendents criticized the audit, saying it was unprofessional because those who requested the document refused to state a reason. However, state law does not require people who want public information to identify themselves or to cite a reason for their request.

The county school leaders also said the Sept. 11 terrorist attacks made them and their employees "jumpy" about people they didn't know.

Linkinoggor, for instance, had a sheriff's deputy run a criminal background check on the person who requested his contract. Linkinoggor said the person belonged to the American Civil Liberties Union and lived in St. Albans. His record was clean.

Children were playing on two playgrounds outside the board office when the auditor visited, Linkinoggor said.

"We're just real protective here," Linkinoggor said. "We were upset the way this was done. It was an invasion. We'll be cooperative if people cooperate with us."

More than half of superintendents visited during the audit declined to release their contracts until presented with a Freedom of Information Act letter.

"There's a sensitivity about superintendents' contracts," said Howard O'Cull, executive director of the West Virginia School Boards Association. "But they have to realize this is public information, and they should be willing to release it."

O'Cull's organization doesn't provide training in FOIA because board members rarely receive such requests. Those usually go to the superintendents. O'Cull said the association may start distributing information about FOIA to board members.

The West Virginia Association of School Administrators also doesn't provide formal training about the act to superintendents, said executive director Fred Radabaugh.

Superintendents already should understand the law, he said.

"Most everything we do is public information," Radabaugh said.

In Wyoming County, Superintendent Frank Blackwell declined to mail a copy of his contract to the person who requested it. Instead, he sent a "nice" letter, saying the auditor could inspect it in his office. The person never came.

"I don't have to make a copy of it," said Blackwell, who was cited for not complying with the request in the audit tally.

Blackwell said staff members plugged the person's name and address into an Internet "people finder." There was a different person listed at the address, he said.

"This upset my people," Blackwell said. "If somebody wants information, they ought to be able to tell you who they are. This wasn't done in such a way that anybody would want to be helpful."

Mark Manchin, Webster County superintendent at the time, wasn't in his office when an auditor requested his contract. He praised his secretaries for not releasing the information. He refused to send it later.

"I told them, ‘You don't give that,'" said Manchin, who now serves as McDowell County superintendent. "The whole thing was bad. Everybody was jumpy."

Wood County Superintendent Dan Curry acknowledged he became "defensive" about the request for his contract. The auditor also asked for a copy of his evaluation at the same time.

Curry released the contract after he received an FOIA letter. But he declined to release his evaluation, saying it was exempt from the Freedom of Information Act.

Instead, he gave the person a copy of the meeting minutes of the school board, whose members gave a statement about his performance.

"FOIA is not intended to be a ‘gotcha' kind of provision," Curry said. "It's intended to make information available."

Curry also said he called the person who made the request to see whether he had questions.

"It may be interpreted as further screening," Curry said. "But we wanted to make sure he understood it. This kind of information is easily misinterpreted."

The state Department of Education keeps records of superintendent salaries for all 55 counties. But it does not maintain a file on superintendents' contracts.


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Just another sad state of affairs for Clayberry in not letting the public know the back door tactics of the Board of Education. After all someone may want to know just how the sups package deal came about in the county of the poorest.
 

Welcome to "VOTE FOR A BETTER CLAY COUNTY.COM." I am Jerry Linkinoggor, Democratic Candidate for the Clay County Commission from district "C". I will work for a Better Clay County by:

Encouraging Economic Development to help Clay Countians find jobs;

Promoting Better Health Care for Clay County citizens;
Seeking resources to improve the Clay County Infrastructure, including water/sewer projects;
Working to enhance services to senior citizens;
Supporting efforts to create more opportunities for youth;
Locating and utilizing resources to improve Education in Clay County;

Supporting emergency service organizations, throughout the county

I am asking for your support on Nov. 7, 2006. Vote for a Better Clay County. Vote Jerry Linkinoggor, Democrat for County Commission. Thank you for your support.
 

Superintendents: School funding inadequate
CHARLESTON (AP) — West Virginia high schools will not be able to offer all electives required under a new mandated curriculum unless the state provides more money, school officials from 17 counties testified Monday.
Beginning with the 2004-05 school year, public schools will be required to follow a new curriculum that, among other things, requires college-bound students to take four years of math, four of science and two of foreign language.
Currently, students must take three years of math and science. Two years of a foreign language are recommended, but not required.
Superintendents testified Monday at a hearing on a 1975 lawsuit filed by a parent that challenges the state’s system for funding schools. They said the new state curriculum requirements would help them provide a better education.
But, said Clay Superintendent Jerry Linkinoggor, ‘‘We will not be able to do that.’’
Clay County already has a tight budget. ‘‘We have nothing extra,’’ said Linkinoggor, who empties the trash at the county office himself because he can’t afford to hire a custodian.
In Raleigh County, the school board spends every penny it can on curriculum. As a result, ‘‘We have leaky roofs and poor air quality in many buildings,’’ said Emily Meadows, the county personnel director.
Ohio County Circuit Judge Arthur Recht, named special judge to hear the lawsuit, issued a 244-page blueprint for overhauling West Virginia’s education system in 1982. Although it contained detailed recommendations on personnel, facilities, materials and equipment, the ruling has never been fully implemented.
Last December Recht issued a ruling that, in effect, overturned his 1982 decision and adopted the Legislature’s plan to increase spending where poor test scores show the need. But Recht has said he expected the Legislature to increase funding enough to hire more teachers and school service personnel. Lawmakers’ failure to do that led him to schedule this week’s hearing.
State schools Superintendent David Stewart had recommended the Legislature spend an additional $43.3 million on teachers and school service personnel.
The county superintendents all said they need the money — and more.
‘‘It certainly would help. It’s not the panacea we need,’’ said Braxton County Superintendent Carolyn Long.
Rebecca Baitty, an attorney for the Legislature, asked Long for her definition of a quality education. ‘‘I’m trying to make a distinction between the ideal system and a system that could be improved but nonetheless is providing a high quality education,’’ Baitty said.
Recht stopped the questioning and said it is up to the courts to define the ‘‘thorough and efficient’’ education that the West Virginia constitution requires.
In 1979, the West Virginia Supreme Court defined that as ‘‘the best the state of education expertise allows.’’
‘‘We are not going to retreat after 21 years to a lesser definition. That’s it. It’s a matter of law,’’ Recht said.
The superintendents said the federal No Child Left Behind Act will make the problem worse because it will increase personnel needs.
 

I noticed that Andy posted the first 5 comments on his own website.

Link is one person that Andy cannot do anything with. Andy suffers from the "little man" syndrome. He begs for attention, positive or negative.

He gets zero attention from Link.
 

What is this?..
The OLD NEWS page?

And-

What awful thing did Link ever do to merit the constant negative attention?

I dont really want to hear an itemization.

I don't think his contract is anybody's business either. It was approved by the members of the board, who, by virtue of having been elected by the voters, have their approval.
It's not as if some clandestine scheme was slipped by the general public.
Posted agenda or not, it had to happen in an open meeting.
This county is nowhere near the top in Supeintendents' salaries anyhow.
Just another case of the losers bitching about the achievers.
 

Wonder where Mr. Jerry spends most of his free time? could it be Church? or could it be on a golf course? or maybe it could be his fine tune'n his adultery technics. After all, this is the winter of his life.
 

"The reason you always see the same ones doing everything is-

They're the only ones doing anything."

Actually, they're the only ones taking credit. The ones that actually "do something" aren't the ones you see crowing about it with their pictures plastered all over the place.
 

I believe these pics were taken by andy not by link himself. Hmmmm strange comment above. You go link i am looking for great things to be happening in this county with your help.
 

What did Link do to warrant constant attention? Let's see now
We are a poor county but his salary shot up to $78,000 plus benefits
He said he would itemize every levy penny. He lied
When voters said no to the Levy, he said F em and did it again.
He said he would be a full time Commish but has another job
He and Fran gave an in use school to a church for just $100,000. They have no liability insurance on the building
When he was baptized in the Elk, it killed fish for 10 miles in both directions
Other please join in
 

Now it's said Jerry and King Aurthur are brothers? I guess that makes the s o b my cousin. I'd might as well suck up to him, but! I like fish to well.
 

Randy schoonover finally made it to the nut house(holiday inn), I't will be pure hell for him in there, they make you keep ass covered.
 

why did the BOE pay the IRS 2.6 million dollars. can't talk about that. DANDY DON the CHAIRMAN of the board of directors of CLAY COUNTY BANK might not have forwarded irs collections, when associated with the school system, to the proper people. that is DANDY DON the goatman[FREEMASON] can't say anything bad about a lodge brother.?????????????????
 

u sound like a black-balled mason wanna be.

if u cant beat em join em.
if u cant join em slam em.
 

In a county where the average income is $7800.00 our fine leaders have to give a pay check of $78,000.00 just makes perfect sense to me. After all with the clerks job that will make a 6 figure paycheck for the year. Will the leaders in this county ever understand why this county is so poor?
I know the explanation given its a high paid job and takes lots of knowledge to obtain. S U C K =Knowledge
 

OMG!

So now Link is single-handedly draining this county of money.

Whoever said opinions are like assholes sure was right.

There's gotta be something about assholes' opinions.

I'll try to get back about that.
 

yel u r right
 

Hang in there Link: Some one should kick the A>C>L>U> out of Town the sick bunch of ------. They are trouble.
 

Any one that belong's to the A>C>L>U Should have hot tar poured on them and a few chicken's thrown on them.
 

Link's top salary year was $75,000, not $78,000. During his time period as super, he brought over 16 million in the county for building renovation and constuction. Can you think of any new construction, prior to his term in office?

He is natural leader and the best boss I ever served.
 

what was the 2.6 million paid to the IRS for. what is being covered up????????????????
who is it being covered up for????????????????
 

God talks to you personally, and you see legions of Satan?

Am I understanding you correctly?
 

probably not.
 

my guts talk to me also sometimes but it's hard to understand what they're saying. then my rear end gets a little gassy occasionally and wants to get in the conversation. it's hard to know which one to listen to. but then i can always ask someone in clay co. they think they know everything. what a twisted world we live in. can you not hear. better change your ways.
 

That 2.6 million sent to the IRS is federal with holdings from each of the employees of the board of education, for one year.

What did you think happened to the money that you pay to the feds from each pay check?
 

Sherlock for Sheriff!
 

Figures don't lie but Liars do figure. I still haven't seen any new building in this county, except of course that fine lot over next to Valley Fork where the taxpayers have paid out almost half a million jut to get the dirt moved around.
Can't count out that $10,000.00 an acre mud hole over at Otter either.
Can't eliminate that $485,000.00 a year transportation cost for activity buses to run either. Still don't explain a $16,000,000.00 improvement in the county anywhere.
 

thats unbelievable that there was 2.6 million in withholding taxin one year in clay co. alone.
progress: we now have someone using the name Mary explaining where the 2.6 million went to.
 

Can't ya feel the love in the air?
 

Mary if that the case then you paid over 20 MILLION in wages, THAT MILLION because you don't have a employee part recieved in the budget so it the employer part that your paying. Sounds fishy to me.
 

Maybe they are counting the 1/2 million grantfrom usda rus thay was pissed away and nothing to show for. When they got it they said at a board metting that it was for wireless internet. What a load of horse hocky
 

Yes, by gaud, now we can feel the love in the air!
 

Here's one fer ye. If 2.6 million was 28% of the wages what was 100% of the wages? I don't think there has been that much money in the county ever. I fell asleep in math.
 

$9,285,714.29
 

by my figures divide 2.6 million by 12 equals $200,000 per month paid by the school system in clay co. to the IRS. unbelievable!!!!!!!!
 

possibly there wasn'tany payment remitted for several years and this is an attempt to cover it up. probably with thecooperation of a lodge brother high in the IRS.
 

Link's top salary year was $75,000, not $78,000.

What is $3000.00 when you make that kind of money in a county thats to poor to pay attention.

Use you head a little bit, Links just the top of the ladder that is robbing the county blind. Fill in the blanks with the pension plan he gets for a liftime now along with the rest of the so called retired, work everyday teachers that fill the classrooms of high paid salary's. Read the county budget sometime on the school system and see how long it takes the under the table pay to amount to ten times the 3 grand for Link or any other county employee. And they want to be examples for your kids.
And like was said before no excuses from teachers setting examples for the mess we are in in the world today.
 

So, how many teachers are there in Clay County? At an average salary of $30,000 (I have no idea if this is even close), multiply that salary times the number of teachers in the county to get the gross wages paid by the BOE. Then take 28% of the gross to see if the $2.6 million comes close to the withholdings of the gross wages. If it does, then you should consider running Mary for office. She sounds like she knows her stuff.
 

Use your head, teachers are not the only employees of the board. Dont forget bus drivers, teacher aides, secretaries, maintenance, custodians, cooks and so on. The board employees 300 people.
 

I'm For Link.
 

They dont have a head
 

I AM FOR LINK!
 

WAY TO GO LINK!!!
 

so if we divide 2.6 mil. by 12 we get 216,700 divide this by 300 employees = $7,222 average withdrawals by the IRS per employee per month. seems they must be getting very high wages. thats $84,000+ per year.
 

WE'RE FOR LINK!!
 

Pay attention every one, Sherlock is on to something here, and it effects every dam one of us! Where is the money,Link?
 

Thats the real pisser to have all the teachers aides and teachers on a salary. What happened to the good ole days where if you got paid for a job you done the job and didn't have an aide doing your work.
I think if you are a classroom teacher then you do the job or you pay the aide out of your salary. After all you are just a high paid baby sitter sucking the system dry.
Also LS knows his stuff and I guarantee he knows just where to look for dirt and will look for dirty tricks pulled by our criminal master minds in the county. You go LS at least you got a backbone and don't take no sh*t off the crooks and goatsexers club.
 

Try that again:

So if we divide 2.6 mil. by 12 we get 216,700 divide this by 300 employees = $722.2 average withdrawals by the IRS per employee per month. seems they must be getting very high wages. Working backward from a tax rate of 25% gives $34,600+ per year.
 

the total amount is 15.6% employee is 7.8 and employer is 7.8 so that means that each employee makes a average of 30000. but but but there is reference on revenues of the employee part that taken out of check so that means that the average is now 60000. per employee
 

The plot thickens! Wheres the dam money, Link?
 

Am I the only one appreciating the irony of this conversation?

Teachers suck, The System sucks, everything's run by liars & thieves, it's all overwrought with cheating, stealing & backdoor politics, yet ....

... we can all do the math, we can all obviously read & comprehend, we can all type, we've all got computers, we can all surf the internet & find anything our little hearts desire ...

... so why not just homeschool the kids & shut down The System altogether?

Link couldn't possibly have masterminded & implemented such a huge transaction by himself. Even a one-man show requires a mule or 2. If you really want to topple the temple, start at the foundation.
 

Link is in total shock now that he don't get all the things he wanted. I bet he will find that for the first time in his life he is not going to be surrounded by his Hero's like he is in the picture at the bottom of the page on this site.
I guess if he wants his own office he can rent one somewhere along mainstreet or in one of the fire dept. buildings by the courthouse.
They may even let him rent out demrats headquarters.
Guess what Linky Poo, when I wanted a new computer I wrote a check from my account at the bank for it. Same was with the phone, desk, internet connection and all the other things that surround me.
This is the real world and now that your suck buddies are under anothers thumb GET OVER IT. You will find that it takes Three votes and discussions with the commish job and all done out in the open and when it is not done that way you will be told about it right away.
 

hey Rose we get what we can from a reluctant group who do everything they can to keep us from knowing the truth. has its roots in the previous political kings, in my opinion. now being on carried by its children who benefitted from their predecessors knowledge. that is, get all you can while you can it's only taxpayer money. ours to acquire any way we can while we can. without being caught of course and paying the price.
 

I'm seein irony here.

All this decimal point and percentage math cipherin', and not a single "thank you" to teachers.

I say givem a raise!~!

(Dives quickly out the door)
 

I'm with you, Lurkin and Smurkin, but only the ones who can pass a sixth grade achievement test...right???
*thanking the teachers*
 

Ok First off I have had 4 children go through the Clay county School system ALL of them are fine upstanding people of the community some are In collage and in law inforcement They are making there way , and they were taught in CCES CCMS and CCHS, And what I have to say is my hats off to all you Teachers who have taught my children very well you put up with children who the parents themselves cant put up with, you went many many years to educate yourselves and have taught a great many kids, I have a feeling that the snide remarks about you and the job that you have done are from parents who have impossible children to deal with and dont know what its like to crawl ot of bed every morning and actually have to work and work hard for a living ,I have been to each and every school and have seen a well run school system Come on people you all can't blame every body for your own personal short coming's take pride in your county and your teachers bus drivers cooks and janitors dont set on you back side and complain about the real people who work!!!
 

havn't said anything about those who work. plenty of those out there. my comments are mostly directed at those who don't work those who are ubdeservedly on welfare, those who are thieves and break and enter and take what their neighbors have worked for. those who embezzel public funds those who want their pay but want to do nothing for it, those who misuse public funds for their own benefit etc.
 

We are not talking about the people who work, we praise them who do a good job at teaching, wheres the dam money, Link? Where did it go, explain it all to us for you got a hell of a big crowd wanting to know.
 

Ole Link and the rest pride theirselves in explaining where the money went and what it was spent on, only trouble with that is what they say it was spent on don't make it so.
They spend millions but can hide the very source it was spent for. Thats where that saying came from (Figures don't lie but Liars figure) and they can pencil in anything they want as its like the fox being turned into the henhouse so to speak. They can tell you anything but as to it being the fact only you can decide.
 

How big do you suppose the document containing a budget account would be?
How many pages?
You could be handed a copy of it and have it read to you, and your questions answered, and you still wouldnt understand it.
We're not talking balancing a checkbook here.
 

i agree my children have attended clay county schools and i appreciate all that has been done to make our teachers more educated to teach our children and i feel like my kids have had a good education
 

If the actual numbers delivered through the financial year turn out to be close to the budget, this will demonstrate that the company understands their business and has been successfully driving it in the direction they had planned. Board of Education of Clayberry falls into the following category. On the other hand, if the actuals diverge considerably from the budget, this sends out an 'out of control' signal and the share price could suffer as a result. Now can you understand that? Don't tell me what I can read and not understand as my mind works sometimes when I need it to.

I'm not a complete idiot -- Some parts are just missing.
 

Sure we have a fine school system. With some massaging, they can even say Clay Schools rank near the top in WVa.
Unfortunately, WVa. schools rank 49th in the nation.
The top of a dung heap is still a dung heap
 

Vivian didn't exactly understand what you said. my God 12 o'clock. no wonder my heads woozy.

my complaint is, if everything is legal and aboveboard why is it so hard to get accurate information. makes me think someone's lying. some's crooked. someone may be playing with the cashbox.

do you realize that ever time the gov. takes over something all that money is withdrawn from the tax base and the project is turned into a political handout system for the politicians relatives and favorites. and so the rest of us must pay more taxes to support these parasites.
 

Hey Hippy, good to see ya back!
 

*thanking the teachers*

From what I have seen of teachers they sit around patting each other on the back. Some even pat a little lower on the anatomy. It would be worthwhile to thank them if our school systems in this state were not the last in the nation.
You hear the politicians talk about a better education for our children. With the cost of such an education you would think that after graduation our kids would not be lost in the world of jobs. They are so far behind the rest of the world that it takes them five years to catch up to todays standards on the job market.
I know what the problem is though its the building that our kids are housed in during school hours that it limits their thought process. I bet as soon as the new school at Otter is built the kids going there will exceeed even Japans top students in knowledge.

Just goes to show you what an $8,000,000.00 building will do for education. Also the new high school up on Dundon hill will really put Clayberry snotlikkers on top of the heap.
 

THANK A TEACHER. SUPPORT THE LEVY!!
 

Give em hell, Link. The majority of the county is behind you. We have waited for this day a long time.
 

& there, Twisted, is part of the problem.

Teachers are there to *teach*, not *babysit*. Any fool can babysit. Teachers are supposed to be educated & trained to *teach*.

Many, many are & do a fantastic job. The rest should be making $5/hour like the rest of the babysitters in the world.
 

Ah, yes, Rose. I admire the good teachers! And I totally agree with the $5. I had some great teachers. I just wish the kids would realize (and some of the parents also) that this is the most important phase in their lives. It prepares them for the rest of their life. It saddens me to see so many make light of their school years.
 

I have children in Clay County Schools and I say anyone of them who is caught DUI like Lisa McManus should be fired. I don't want my tax dollars to fund her drinking habits. I think all school personel should be drug tested. Teachers are someone children look up to we teach them to respect their teachers and elders. School children are old enough to know what is going on. If teachers can drink and drive then why can't they. I say she should have been fired as soon as she was arrested. My child is out of her room.
 

Of all the teachers I had throughout my 13 years in Clay County schools, 3 immediately come to mind as being total idiots in the classroom. None of them were still teaching here by the time I graduated.

There needs to be a system in place that allows parents to hand-pick their kids' teachers. The ones who are left all alone in their classrooms, teaching themselves to twiddle their thumbs, are the ones who should switch over to the $5/hour career.
 

My thoughts exactly on teachers and being let go to do anything they please in class or out. I still say a drug testing program should be installed in the county to test each and every one of them. Other countys are passing laws to test the kids but I think that is justa coverup as to where the real problem lies in the school system.
If you have noticed in recent years our legislature is made up of around 80% school teachers and any laws passed to help anyone with raises, cost of living, or benefit packages it is always school employees and state workers that benefit. Not one taxpayer gets a reduction in taxes and they threw a fit when the bill was introduced to help the elderly and disabled by increasing their property deduction to $30,000.00. Take note when legislature convenes they avoid anything that benefits the people in general. I agree with a $5/hour incentive program and if the results of bad teaching is not soon addressed by the BOE our kids will always be doomed and a hundred years behind the real world.
 

A fine example from those in charge of protecting the peoples needs.

Gregg R_N.H particularly objected to a provision tucked into the tax bill to expand federal funding for the health benefits of retired coal miners at a cost of some $5 billion over 10 years.

I wonder how many billions coal miners payed into pension plans and health benefits to have them stripped away with the stroke of a coal company payed judges pen a couple years back. Congress and Senators could have stopped this procedure but chose to sit by and let it happen.

Old adage 'is not to bite the hand that feeds you if you are a dog'.
 

Hurry up and check AW's home page.
This is the first time Ive ever played the Clayberry theme song to the end.
 

"All I want for Christmas is my two front....."
 

If you think thats sickening;, you need to re-evluate the reason you come to these blogs.

This "ain't" the Center for Intellectual Stimulation and Advancement"

I'll take number 4.
Shes got the best ass and legs.

I'm not a boob man, myself.
 

Been reading Lawer Andy's version of the sunshine law and the Board of Education again in the Communicator. I guess he's not happy if he's not in charge.

This is what I get from the Ethics Commission web site:
http://www.wvethicscommission.org/open.htm


OPEN MEETINGS CHECKLIST

FOR ALL OTHER GOVERNING BODIES OF PUBLIC AGENCIES

Is a notice containing the schedule for all regular meetings posted annually and
maintained throughout the year in a public place, such as the agency’s office, the County
Courthouse, and/or the local Post Office? W. Va. Code § 6-9A-3


Maybe he should just ask for the agenda instead of stirring the pot.
 

In response to Anon 4:19, such a dumb bunny If you check out the legal opinions of the Ethics Commiss, you will see they have already ruled, 5 days notice (not counting holidays or weekends) is acceptable.
In that same ruling they determines all media outlets SHALL be given the agenda with that same amount of time.
See for yourself
http://www.wvethicscommission.org/OM%20Opinions/OMAO%202006-07.pdf

AW ace cub reporter
 

ETHICS COMMISSION OPINION


Opinion Number: 2004-10 OM
Opinion Date: July 1, 2004
Section: I. Open Meetings


Opinion
OPEN MEETINGS ADVISORY OPINION NO. 2004-10

Issued On July 1, 2004 By The

WEST VIRGINIA ETHICS COMMISSION
COMMITTEE ON OPEN GOVERNMENTAL MEETINGS

OPINION SOUGHT


A Member of the Jackson County Board of Education asks for guidance on amendments to the meeting agenda.


FACTS RELIED UPON BY THE COMMITTEE


As a result of such matters as retirements, resignations, or illness it is common for an “addendum” or amendment containing additional personnel matters to be added to the Board of Education’s regular meeting agenda, sometimes as late as the day of the Board meeting. The original agenda contains an item stating “other personnel matters to be presented at the meeting.” The requester asks if this procedure complies with the Open Meetings Act.
CODE PROVISIONS RELIED UPON BY THE COMMITTEE

W. Va. Code 6-9A-3 provides in pertinent part:

Each governing body shall promulgate rules by which the date, time, place and agenda of all regularly scheduled meetings and the date, time, place and purpose of all special meetings are made available, in advance, to the public and news media, except in the event of an emergency requiring immediate official action.


ADVISORY OPINION


This Committee has previously concluded that in addition to providing reasonable notice to the public of when and where a meeting is to be held, the Open Meetings Act requires a governing body of a public agency to make available to the public and media an agenda showing what matters will be addressed at the meeting. The Act does not contain a specific amount of time in advance of a meeting that this agenda must be made available. Therefore, this Committee has determined that the agenda should be available to the public and media a reasonable time in advance of the meeting.

After observing that some governing bodies subject to the Act meet more frequently than others, this Committee previously determined that a governing body which regularly meets twice each month, every two weeks, or less frequently, should make its agenda available at least three business days in advance of the meeting.
Any governing body which meets more frequently than every two weeks, should make its agenda available at least two business days in advance of the meeting. A “business day” may include the day the agenda is made available, if this is accomplished during normal business hours, but may not include Saturdays, Sundays, legal holidays or the day the meeting is held.


This Committee recognizes that some items requiring official action by a governing body may arise after an agenda is issued, particularly when the agenda is prepared three or more days in advance of a meeting. Therefore, a governing body may issue an amendment or addendum, adding additional agenda items, up to two business days in advance of the meeting, provided this addendum is disseminated in the same manner as the original agenda.

If an additional matter requiring official action arises before a meeting, but after the time limit for issuing an amendment to the agenda has passed, it should be held over for action at the next meeting, unless it involves an emergency requiring immediate official action. In such event, the emergency item may be included in an amended agenda, provided the facts and circumstances of the emergency situation overriding reasonable advance notice to the public is explained in the amended agenda. In addition, the nature of this emergency must also be stated in the meeting minutes.

A generic statement in an agenda indicating that “other personnel matters” may be presented at the meeting is insufficient to meaningfully comply with the notice requirements of the Act. Personnel matters should be described in a manner that tells the public what actions are going to be considered at the meeting. For example, “filling the Principal’s position at Urban High School,” “creating an itinerant music teacher position for the Rural attendance area,” or “transferring a custodian to fill a long-term substitute position at Suburban Elementary” would be sufficient. It is not necessary to identify an affected employee by name in the agenda.
 

ETHICS COMMISSION OPINION


Opinion Number: 2002-05 OM
Opinion Date: March 7, 2002
Section: I. Open Meetings


Opinion
OPEN MEETINGS ADVISORY OPINION NO. 2002-05

Issued On March 7, 2002 By The

WEST VIRGINIA ETHICS COMMISSION
COMMITTEE ON OPEN GOVERNMENTAL MEETINGS

OPINION SOUGHT


The Hampshire County Commission asks: (1) when they must make agendas of their regular meetings available to the public; (2) how specific must their agendas be and in what manner must the agenda be made available; and (3) may they take official action on matters raised during a public comment period, if those matters were not on the meeting agenda.

FACTS RELIED UPON BY THE COMMITTEE


The Hampshire County Commission generally meets every two weeks. They post notice of the meeting at least three days before each meeting. Their agenda is recorded in a book in the County Clerk’s office and contains a list of presenters including the person’s name and appointed time to speak to the Commission. In addition, the Commission usually permits citizens to sign up to speak in a public comment period during each meeting.
CODE PROVISIONS RELIED UPON BY THE COMMITTEE

W. Va. Code 6-9A-3 provides in pertinent part:

Each governing body shall promulgate rules by which the date, time, place and agenda of all regularly scheduled meetings and the date, time, place and purpose of all special meetings are made available, in advance, to the public and news media, except in the event of an emergency requiring immediate official action.

ADVISORY OPINION


(1) The Open Meetings Act requires an agency’s governing body to make its meeting agenda available to the public and news media in advance of the meeting, but does not specify how far in advance. The Committee has held, and does so here, that notice three days in advance of a county commission’s twice monthly meeting is sufficient. The day of the meeting, Saturdays, Sundays and legal holidays are not counted in the three days.

For example, when the Hampshire County Commission’s regular meeting is held on a Tuesday, it would satisfy the Act by making the agenda available some time before the close of business on the preceding Thursday, assuming there is no intervening holiday.



When the Commission has made its agenda available three days or more in advance of the meeting, it could, at its option, amend the agenda to include additional items of business - items not known at the time the original agenda was prepared and made available to the public. Consistent with the forgoing guidance on calculating the notice period, amendments may be made as late as two days before the meeting, and made available to the public in the same manner as the original agenda.

(2) The Open Meetings Act does not establish how specific a meeting agenda’s description of the items of business must be. The Committee has held that the description must be sufficient to make the public aware of the specific matters to be dealt with at the meeting. Generic language such as “personnel matters” is not sufficient. Nor is a mere listing of the names of the people who are scheduled to speak, unless the presentation is purely informational with no official action required. The Commission should use more specific descriptions of the items of business, such as “hiring Jane Doe to fill the vacant Clerk-Typist position in the Assessor’s Office”, “hiring John Law to fill a newly created Deputy Sheriff position in the Sheriff’s Department” or “consider plan to remodel County Assessor’s offices.”


The Act does not provide specific guidance on how the agenda must be made available to the public and the media. Ordinarily, an agenda will be a document, which may or may not include a meeting notice, that lists all matters requiring official action by the governing body which will be dealt with at the meeting. To comply with the Act, the Commission may either post a copy of the agenda in a public place in the county courthouse, or make copies of the agenda available in the County Clerk’s Office, or other public location, during normal business hours.

(3) Citizens who sign up to speak during a public comment period may address topics that are on the agenda, as well as new matters that have not been included on the agenda. However, in the absence of an emergency requiring immediate official action, the Commission may not take official action on matters raised by the public, if the matter was not on the meeting agenda. The Commission may consider whether the matter requires official action, and if it does, place the matter on the agenda of a subsequent meeting.
 

In a prior Open Meetings Advisory Opinion (OMAO), 2001-04, the Committee found that a County Commission meeting twice a month would comply with the Act by making its agenda available at least three days in advance of its regularly scheduled meetings. The Nicholas County Commission, which meets on the first and third Wednesday of each month, is currently issuing its agenda three days in advance of each regular meeting.





In a related opinion, OMAO 2001-10, the Committee explained that, for purposes of calculating the number of days in the notice period, the day of the meeting is not counted. Further, Saturdays, Sundays and legal holidays must be excluded. The Commission’s current practice for making its regular meeting agenda available to the public and media complies with this guidance, provided an additional day’s notice is given when there is an intervening legal holiday.

When the Commission has made its agenda available three days or more in advance of the meeting, it may, at its option, amend the agenda to add additional items of business - items not known at the time the original agenda was prepared and made available to the public. Amendments may be made as late as two days before the meeting, and made available to the public in the same manner as the original agenda
 

From the post above:
In that same ruling they determines all media outlets SHALL be given the agenda with that same amount of time

What media outlets in Clay County publish on a daily basis to meet this requirement ? The weekly and somewhat weekly newspapers do not meet the need.

A checklist item from the Ethics Commision reads:

Are notices of special meetings containing the date, time, place and purpose of the
meeting similarly posted in a public place at least two days in advance of each meeting?
W. Va. Code § 6-9A-3

Also on same website we find:

The Committee on Open Governmental Meetings cannot review conduct which already occurred if it is not of a continuing nature. The Committee has no authority to investigate complaints about violations.


Again, why don't you simply ask for the agenda? I'm sure it's available as required by law in the board office.
 

Anybody know anything about a hostage situation in Clay??
 

Newspaper has nothing to do with it. The angenda "has" to be posted three days in advance on the door of the meeting place.
 

the good thing about andy is that he is all hot air. he makes a lot of noise, sore of like a pooper dog that you keep in the house. lots of bark, very little bite. he looks at himself as the little big man.
 

There needs to be a system in place that allows parents to hand-pick their kids' teachers. The ones who are left all alone in their classrooms, teaching themselves to twiddle their thumbs, are the ones who should switch over to the $5/hour career.

LMAO..........Ya'll r sooo stupid. I really need to figure out something else to look at on the net.
 

They finally posted the agenda. Now what are you idiots going to complain about next. All that research that you did about the open meeting law was great....how about doing some research and find a grant or some type of money that can create some jobs in Clay County. Or are you going to sit and wait and complain about the next subject that comes up.
 

Let me bring up a point about Linkinoggor and anyone else that we choose to bash on these blogs. If Link and others were not successful in life we would not be talking about them today. I have not heard anyone talk about someone who lives in a run down trailer up Brown Hollow or Holler unless they were in trouble with the law.
My point is that people who have had success in their life open themselves up, unfortunately, to people who have not had as much success. And I do not mean that as a slam towards anyone. I guess it depends on how you define success which determines if you feel like you or others are successful in life.

Here in Clay we are blind to what our problems are. Is our educational system perfect. NO!!! Is anyone elses education system perfect in this state or country. NO!!! Is it because we dont post our agenda up 3 days before the meeting. NO!!! It has to be a combined effort from parents, teachers, administrators, etc. Parents want to blame teachers for their kids problems...teachers want to blame parents...administrators blame parents...parents blame administrators.....It is time for everyone to accept the blame and try to do better.
We are a nearsighted county that does not realize that there is more to life than what clay has to offer. We vote basically the same people or their clones into office each year, same old ideas, same old everything. If you always do what you have always done, you will always get what you have always gotten. That is our Motto!!!
Do you want to know why the same people get voted in each time. I will tell you why. What would happen if someone new had an idea that brought a factory into this county that offered 250 good paying jobs. Would all the jobs be filled by Clay County people. Unfortunately Not. Others from surrounding counties would apply for positions and get them. Smart, educated people, Possibly. They bring their family in and buy a house. New blood in the county. Eventually enough new blood in the county comes in and the Moore's, Samples, Sizemores, etc. dont have as much pull because the new people don't know them from Adam. Election time comes and they dont care what your last name is. That is why this county will stay run down until WE as a county figure it out.
I know we cant bring a Toyota Plant to this county, but we can do more.
 

You should sign your name to that.

I believe it's the most intelligent post I've ever seen on these blogs.

Not signing my name.
 

it is nice to see someone on these blogs has a little bit of common sense
 

"Life is 10 percent what you make it and
90 percent how you take it."

So GET A LIFE
 

Once again the court system in Clayberry have shut the door on someone who had a legitimate case before them. All that I can say is that anyone who has rental property in this county and the rent comes due get an eviction notice served and put them out because its a known fact that the courts will not give you any satisfaction. This is the only place I have ever seen that evidence is not a factor in the courts outcome.
 

Henry, it is pretty obvious that you had trouble getting alone in school as a student. You are probably a drop out. And, now your children have the same problem. And, and, it's the teachers fault. Do you know that 90% of the people who do not get along in school have children who also stuggle. Do you know why? Isn't it apPARENT.
 

Hey Sir Henry! thems fighting words, let em have it.
 

To anon 3:29: Sir Henry is probably not a dropout, in my opinion, because if he were, he would not be using grammar that well. Thank you, Sir Henry, for making your comments readable.