Meadows on Behalf of Professional Employees of West Virginia Educ. Ass'n v. Hey

• Decision Date: 09 November 1990
• Docket Number: No. 19576,19576
• Citation: 184 W.Va. 75,399 S.E.2d 657
• Court: West Virginia Supreme Court
• Parties: , 137 L.R.R.M. (BNA) 2503, 65 Ed. Law Rep. 212 Kayette MEADOWS, on Behalf of the PROFESSIONAL EMPLOYEES OF the WEST VIRGINIA EDUCATION ASSOCIATION; Barbara Christian, on Behalf of the West Virginia Federation of Teachers; and Bob Brown, on Behalf of the West Virginia Federation of Teachers v. Honorable John HEY, Judge of the Circuit Court of Kanawha County; The State Board of Education; and Dr. Henry Marockie, State Superintendent of Schools and Chief Executive Officer of the State Board of Education.

Page 657

399 S.E.2d 657

184 W.Va. 75, 137 L.R.R.M. (BNA) 2503,

65 Ed. Law Rep. 212

Kayette MEADOWS, on Behalf of the PROFESSIONAL EMPLOYEES OF the WEST VIRGINIA EDUCATION ASSOCIATION; Barbara Christian on Behalf of the West Virginia Federation of Teachers; and Bob Brown, on Behalf of the West Virginia Federation of Teachers v. Honorable John HEY, Judge of the Circuit Court of Kanawha County; The State Board of Education; and Dr. Henry Marockie, State Superintendent of Schools and Chief Executive Officer of the State Board of Education.

No. 19576.

Supreme Court of Appeals of West Virginia.

Nov. 9, 1990.

Syllabus by the Court

1. "A circuit court does not have jurisdiction of a bill in chancery filed by the state, at the relation of the Attorney General, solely for the purpose of enjoining an act or proceeding apprehended or being committed, unless the act or proceeding sought to be enjoined is being committed or will be committed in the county in which the suit is instituted; or unless the act or proceeding is being committed or apprehended in an adjoining circuit the judge of which is so situated that it would be improper for him to act." Syllabus point 1, State ex rel. Chafin v. Hudson, 97 W.Va. 679, 125 S.E. 813 (1924).

2. Under W.Va.Code § 53-5-3 (1981), the circuit court of one county does not have the authority to enjoin the acts of citizens occurring in other counties, except where the judge of the other county is interested in the proceeding and unable to act.

3. A circuit court has general jurisdiction under W.Va.Code § 53-5-4 (1981) to grant an injunction in aid of a judgment or proceeding "whether the judgment or proceeding enjoined be in or out of his circuit, or a party against whose proceeding the injunction be asked reside in or out of the circuit."

4. "The award of an injunction by the common pleas court of Kanawha county, wherein some of the defendants reside, to enjoin acts and proceedings being committed and prosecuted or threatened in Lincoln county and affecting real estate therein, is coram non judice and void...." Syllabus point 2, Wayland Oil & Gas Co. v. Rummell, 78 W.Va. 196, 88 S.E. 741 (1916).

W.J. Arceneaux, III, Lewis, Ciccarello & Friedberg, Charleston, Grant Crandall, Crandall & Pyles, Charleston, for WV Educ. Assoc.

Roger W. Tompkins, Atty. Gen., Dana D. Davis, Chief Deputy Atty. Gen., Bruce Ray Walker, Deputy Atty. Gen., Charleston, for respondents.

William B. McGinley, WV Educ. Ass'n, Charleston, for Kayetta Meadows.

Larry Harless, Charleston, for B. Christian and B. Brown.

James M. Haviland, McIntyre, Haviland & Jordan, Charleston, amicus curiae Brief on behalf of American Federation of State, County and Mun. Employees.

BROTHERTON, Justice:

This case involves a petition for a writ of prohibition brought by the petitioners, Kayetta Meadows, on behalf of the professional employees of the West Virginia Education Association (WVEA), and Barbara Christian and Bob Brown, on behalf of the West Virginia Federation of Teachers, against the Honorable Judge John Hey, asking that this Court halt proceedings in the Kanawha County Circuit Court. ¹ Following this Court's opinion in Jefferson County Board of Education v. Jefferson County Education Association, et al., --- W.Va. ----, 393 S.E.2d 653 (1990), Judge Hey held a hearing on the statewide injunction issue on March 16, 1990, and entered an order enjoining all West Virginia public school teachers from striking and ordering them to return to work. The petitioners filed this petition for a Writ of Prohibition on March 16, 1990, following Judge Hey's hearing, in anticipation of the statewide injunction order. This Court immediately stayed Judge Hey's order and issued a rule directing the respondents to appear before this Court and to show cause why the writ of prohibition prayed for by the petitioner should not be granted. This proceeding is limited exclusively to the issue of whether the Circuit Court of Kanawha County had jurisdiction to issue a statewide injunction.

The petitioners argue first that this case is moot because the teachers have returned to work and thus, they have filed a motion to dismiss. In the alternative, the petitioners argue that Kanawha County cannot award injunctive relief because its jurisdiction is limited to matters involving Kanawha County, West Virginia. We agree in part with the petitioners' argument and hold that under Chapter 53 of the West Virginia Code, there is no authority for a judge of one circuit to issue a statewide injunction affecting "acts" occurring in other circuits when there is no underlying judgment or proceeding.

All parties to this strike must realize that ultimately, our State's plans for an economic renaissance depend upon our children and their ability to cope with the complex issues that will face them. This Court is well aware that the State is seeking to upgrade the educational system to provide our children with a quality education that will equip them to compete in the future. Both the State Constitution and this Court have established that education is a fundamental right. W.Va. Const. art. XII, § 1; see also Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979). Unfortunately, work stoppages which involve the public schools, regardless of merit or length, serve only to harm the children of this State. Therefore, both sides must try their utmost to resolve their differences before a work stoppage occurs, and strikes should be dealt with promptly and with finality so as to avoid repetition.

Regardless of our opinions about the strike, it is not this Court's duty to legislate; nor were we elected to make political decisions based upon what we believe to be the expedient answer to this situation. Instead, we are charged with the task of interpreting the Constitution and the laws of this State as they exist. A judicial system that substitutes its beliefs for the constitutional principles of its people is a mockery of justice.

Article XII, § 1 of the West Virginia Constitution proclaims that "the Legislature shall provide, by general law, for a thorough and efficient system of free schools." Thus, in Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979), this Court held that "[t]he mandatory requirements of 'a thorough and efficient system of free schools' found in Article XII, Section 1 of the West Virginia Constitution makes education a fundamental constitutional right in this State." Id. at syl. pt. 3. ²

The power of the State Board of Education was established in W.Va.Code § 18-2-1, et seq. (1988). West Virginia Code § 18-2-5 provides that the State Board of Education has the power to "determine the educational policies of the State and shall make rules for carrying into effect the laws and policies of the State relating to education, including rules relating to ... the issuing of certificates upon credentials, ... the general powers and duties of county boards of education, and of teachers, principals, supervisors and superintendents, and such other matters pertaining to the public schools of the State as may seem to the state board to be necessary and expedient." ³

Further, W.Va.Code § 18A-3-2 requires, before any teacher may be employed in the state school system, that he or she obtain a valid teaching certificate from the state superintendent of schools based on certain standards and requirements approved by the State Board of Education before they can enter into a teaching contract with a county board of education. West Virginia Code § 18A-3-6 grants the state superintendent power to revoke the certificate for "drunkenness, untruthfulness, immorality, ... or for any neglect of duty or refusal to perform the same," as well as other grounds.

However, the power of the State Board of Education is diluted by W.Va.Code § 18-5-1 et seq. (1988), which sets out the powers and duties of county boards of education. West Virginia Code § 18-5-1, et seq., provides the county with the authority to control and manage their individual school districts. West Virginia Code § 18A-2-2 states that all teachers will execute a contract with their county boards of education, which provides the salaries, in the form prescribed by the state superintendent of schools. West Virginia Code § 18-5-15(a) provides the county boards with the power to provide the employment term for teachers within the legislatively prescribed limits. In addition, the county school board possesses authority to "suspend or dismiss" a teacher from employment for "immorality, incompetency, cruelty, insubordination, intemperance, or willful neglect of duty." W.Va.Code § 18A-2-8. In State ex rel. Dilley v. W.Va. Public Employees Retirement System, --- W.Va. ----, 375 S.E.2d 202, 204 (1988), the Court recognized that a county school board is the exclusive employer of the teachers in that county:

The jurisdiction of a school district includes all the territory in one county, W.Va.Code, 18-1-3 (1933), and the board is given broad authority to control and manage the schools and school interests for all school activities and upon all school property. The board's powers include, but are not limited to, the power to: establish schools; close schools; employ teachers and assign them; employ other personnel; and, make rules and regulations for the government of the schools. W.Va.Code, 18-5-13 (1988).

Faced with the dichotomy between state and county authority, this Court must address the question of the jurisdiction of a circuit court to deal with a statewide school issue--a strike in the form of a work stoppage which shuts down the entire state school system.

This Court has recognized that West Virginia was divided into separate judicial circuits in order to prevent overlapping jurisdiction. In Click v. Click, 98 W.Va. 419, 127 S.E. 194 (1925), this Court stated that "[n]o one will contend, however, that it was the intention of the Constitution that circuit judges should exercise their authority and...