Trimboli v. Board of Ed. of Wayne County, 14713

Decision Date17 July 1981
Docket NumberNo. 14713,14713
CourtWest Virginia Supreme Court
PartiesDon TRIMBOLI v. BOARD OF EDUCATION OF WAYNE COUNTY.

Syllabus by the Court

1. "Failure by any board of education to follow the evaluation procedure in West Virginia Board of Education Policy No. 5300(6)(a) prohibits such board from discharging, demoting or transferring an employee for reasons having to do with prior misconduct or incompetency that has not been called to the attention of the employee through evaluation, and which is correctable." Syl. pt. 3, Trimboli v. Board of Education of the County of Wayne, W.Va., 254 S.E.2d 561 (1979).

2. "The law does not contemplate that the members of a board of education shall supervise the professional work of teachers, principals and superintendents. They are not teachers and ordinarily, not qualified to be such. Generally they do not possess qualifications to pass upon methods of instruction and discipline. The law clearly contemplates that professionally trained teachers, principals and superintendents shall have exclusive control of these matters." Mason County Board of Education v. State Superintendent of Schools, W.Va., 274 S.E.2d 435, 439 (1980), quoting, Rogers v. Board of Education, 125 W.Va. 579, 588, 25 S.E.2d 537, 542 (1943).

Greene, Katchum, Mills, Bailey & Tweel and Menis E. Ketchum, Huntington, for appellant.

John L. MacCorkle, Charleston, for appellee.

PER CURIAM:

The Wayne County Board of Education appeals a judgment of the Circuit Court of Wayne County reinstating Don Trimboli to his former position as Director of Federal Programs for the county schools. We affirm the judgment of the trial court reinstating Trimboli. We believe the trial court reached the right result, though its analysis was faulty.

This is not the first time this dispute has been before this Court. In Trimboli v. Board of Education of the County of Wayne, W.Va., 254 S.E.2d 561 (1979), we held that a county board of education cannot discharge, demote or transfer an employee for reasons having to do with prior misconduct or incompetency unless the county board has followed state board policy. Specifically, we held:

"Failure by any board of education to follow the evaluation procedure in West Virginia Board of Education Policy No. 5300(6)(a) prohibits such board from discharging, demoting or transferring an employee for reasons having to do with prior misconduct or incompetency that has not been called to the attention of the employee through evaluation, and which is correctable." Syl. pt. 3, Trimboli, supra.

Because there was no evidence as to whether Trimboli had been evaluated and given an opportunity to improve, we remanded the case to the Circuit Court of Wayne County "to determine whether the Board of Education had complied with Rule 5300(6)(a)." Id., 254 S.E.2d 568. Following an evidentiary hearing on remand, the trial court, interpreting our pronouncement in Trimboli, concluded that employee evaluations could not be performed by the county superintendent and that only the board of education itself could conduct such evaluations. The trial court found that one of the underlying reasons for Trimboli's transfer to a teaching position was alleged incompetence, and because the board of education itself had not evaluated Trimboli under Rule 5300(6)(a) his transfer was improper.

We conclude that the trial court misinterpreted Trimboli and reached an incorrect legal conclusion as to who must perform employee evaluations. Evaluations of competency and performance can be conducted by the county superintendent or anyone else in a position of authority who is qualified to make such evaluations. As we said recently in Mason County Board of Education v. State Superintendent of Schools, W.Va., 274 S.E.2d 435 (1980), quoting, Rogers v. Board of Education, 125 W.Va. 579, 588, 25 S.E.2d 537, 542 (1943):

"The law does not contemplate that the members of a board of education shall supervise the professional work of teachers, principals and superintendents. They are not teachers, and ordinarily not qualified to be such. Generally they do...

To continue reading

Request your trial
4 cases
  • Holland v. Board of Educ. of Raleigh County, 16079
    • United States
    • Supreme Court of West Virginia
    • 1 Marzo 1985
    ...v. Board of Education, 295 S.E.2d 44 (W.Va.1982); Syl. pt. 3, Wilt v. Flanigan, 294 S.E.2d 189 (W.Va.1982); Syl. pt. 1, Trimboli v. Board of Education, 280 S.E.2d 686 (W.Va.1981); State ex rel. Hawkins v. Tyler County Board of Education, 275 S.E.2d at 916; Syl. pt. 1, Mason County Board of ......
  • Roberts v. Lincoln County School Dist. No. One, 83-125
    • United States
    • United States State Supreme Court of Wyoming
    • 16 Febrero 1984
    ...81 N.M. 319, 466 P.2d 885 (1970)), or procedures specifically geared toward the purpose of termination (Trimboli v. Board of Education of Wayne County, W.V., 280 S.E.2d 686 (1981); Lehman v. Board of Education of City School District of City of New York, 82 A.D.2d 832, 439 N.Y.S.2d 670 We f......
  • Smith v. Smith, 33063.
    • United States
    • Supreme Court of West Virginia
    • 1 Diciembre 2006
    ...We further determine that a remand is neither required nor in the interest of judicial economy. See Trimboli v. Board of Education, 167 W.Va. 792, 795, 280 S.E.2d 686, 688 (1981). The record herein is complete and was fully developed below, and the issue relating to the use of the parking l......
  • Eskew v. Kanawha County Bd. of Ed., 14256
    • United States
    • Supreme Court of West Virginia
    • 17 Julio 1981
    ......167 W.Va. 790. Loretta Mae ESKEW. v. The KANAWHA COUNTY BOARD OF EDUCATION, et al. No. 14256. Supreme Court of Appeals of West Virginia. ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT