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 School Board Opinions

Who may ask for an Opinion?   
The Ethics Commission is authorized to issue written Advisory Opinions to County Board of Education members, members-elect, ​and candidates for election to the Board as to whether they may hold certain other positions and also​ serve on a County Board under W. Va. Code § 18-5-1a. The Commission will not respond to requests for advice on the propriety of someone else's conduct.

To view prior School Board Advisory Opinions, click the number of the opinion. 



2003-01  Soil Conservation District  
2003-02  County Emergency Ambulance Authority​
2004-03  Public Service District
2010-01  County Board of Health  
2014-04  Police officer for city police department in same county
2014-03  Substitute Bus Operator

2024-02  Deputy Sheriff

2024-03​  County Deputy Assessor



2003-03  City-County Transportation Planning Organization
2003-04  Community Action Organization (private, non-profit charity)
2005-01  Community Partnership Board  
2004-05  Community & Technical Education Council 
2006-02  Correctional Facility Instructor 
2003-05  County 4-H Camp Advisory Council
2003-06  County Extension Service Committee
2003-07; 2004-07  County Economic Development Authority
2004-08  Municipal Committee  
2003-04; 2004-04; 2004-07; 2005-02  Non-profit Corporation
2006-01  Professor at a State University 
2004-07  Regional Highway Safety Coalition
2004-07  Senior Citizen’s Center 
2003-09  Sheltered Workshop (private, non-profit charity)
2004-01  State Department of Education Employee 
2005-02  YMCA
2004-06  Workforce Investment Board 
2004-05  Workforce Investment Council
2004-06  WORKFORCE West Virginia Center 
2011-01  Board of Directors of a State Community College  
2014-01  Attendance Director/Alternative School Liaison
2014-02  Multi-county Vocational Center Teacher

2022-0​2​  County Public Library Board

2024-01  Community and Technical College



2003-08  A Board Member filing pre-candidacy papers
2008-01  Municipal Water Board Member as Candidate
2008-02  Delegate to the State Democratic Party Convention  
2017-01  A County Commissioner​

2022-01 Unpaid Volunteer Coach

SCHOOL BOARD OPINIONS ​- c​hro​nological order

SBAO 2003-01 School Board Member may not serve as a Supervisor on a Soil Conservation District Board of Supervisors.

SBAO 2003-02  School  Board Member may not serve on the Board of a County Emergency Ambulance Authority.

SBAO 2003-03  School Board Member may not serve on the Board of a City-County Transportation Planning Organization.

SBAO 2003-04  School Board Member may serve on the Board of Directors for a Community Action Organization. 

SBAO 2003-05  School Board Member may serve on a County 4-H Camp Advisory Council.

SBAO 2003-06  School Board Member may serve as a member of a County Extension Service Committee. 

SBAO 2003-07  School Board Member may serve on a County Economic Development Authority. 

SBAO 2003-08  Filing pre-candidacy papers not a bar from continued service on a County School Board.

SBAO 2003-09 A person being considered for appointment to a School Board vacancy may continue to serve on the Board of Directors of a private non-profit organization which operates a sheltered workshop for physically and mentally challenged people.

SBAO 2004-01 A candidate for a County Board of Education may retain his teaching poisition with the WV Department of Education (WVDOE).

SBAO 2004-02 VOID
Withdrawn by requestor and no opinion issued

SBAO 2004-03  School Board Member may not serve on the Board of a Public Service District. .

SBAO 2004-04  School Board Member-elect may serve on the board of directors of a non-profit corporation. 

SBAO 2004-05  School Board Member-elect may serve on the boards of the West Virginia Community and Technical Education Council and the West Virginia Workforce Investment Council.

SBAO 2004-06  School Board Member-elect may serve on a regional Workforce Investment Board and the board of a local WORKFORCE West Virginia Center.

SBAO 2004-07  School Board Member may serve on the county Economic Development Authority, the Senior Citizen’s Board, and the Governor’s Highway Safety Task Force.

SBAO 2004-08  School Board Member may serve on a municipal committee.

SBAO 2005-01  School Board Member may serve as a member of a Community Partnership board for a State University's public health research and training operation. 

SBAO 2005-02  School Board Member may serve on the Board of directors for a local YMCA.

SBAO 2006-01  School Board Candidate may serve while employed as a professor at a State University.

SBAO 2006-02  School Board member may serve while employed by the State Dept. of Education as a teacher at a State Correctional facility in his county of residence.

SBAO 2008-01  Candidate for County School Board may continue to serve in an appointed position on a municipal water board.

SBAO 2008-02  School Board Members may serve as delegates representing their respective counties to the State Democratic Convention.

SBAO 2010-01  School Board Member may not serve on County Board of Health.

SBAO 2011-01  School Board Candidate may simultaneously serve on Board of Directors of a State Community College and the County Board of Education.

SBAO 2014-01  A County Board of Education Employee may keep her job as Attendance Director/Alternative School Liaison and be a candidate for membership on the same County Board of Education.  If elected, the Requester intends to sever her employment with the county school system before newly elected BOE members are seated.

SBAO 2014-02  A Candidate for County Board of Education  may, if elected, work as a teacher for a multi-county Area vocational Center that services his county.

SBAO 2014-03 A County Board of Education Member-Elect asks whether, if she takes office, she may continue to work as a substitute bus operator in the same county or take a leave of absence.
SBAO 2014-04  A County Board of Education Member-Elect asks whether, if he takes office, he may keep his job as a police officer for a city police department located in the same county.

SBAO 2017-01  A County Board of Education member may submit an application to the county commission to fill a vacant seat on the commission without first resigning.

SBAO 2022-01​​ The Ethics Commission does not have jurisdiction to determine if an unpaid volunteer coach is prohibited employment per W. Va. Code § 18-5-1a(a)(2). 

SBAO 2022-02​ A county board of education member may serve on the Public Library Board because there is no compensation for serving on the Public Library Board and the primary scope of public libraries does not relate to public schools.

SBAO 2024-01​ The president of a community and technical college may serve on a county board of education.

SBAO 2024-02 The positions of deputy sheriff and chief deputy sheriff are public offices for purposes of W. Va. Code § 18-5-1a(a)(3)(A).  Accordingly, a deputy sheriff and chief deputy sheriff may not serve on a county board of education while serving as a deputy sheriff or chief deputy sheriff.

SBAO 2024-03​ The position of deputy assessor is a public office for purposes of W. Va. Code § 18-5-1a(a)(3)(A).   Accordingly, a deputy assessor may not serve on a county board of education while also serving  as a deputy assessor.