October 18, 2009
Statehouse Beat: Fictions run deep in state law
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CHARLESTON, W.Va. -- State law in West Virginia is held together with any number of legal fictions.

Under West Virginia law, beer is nonintoxicating, all bars and restaurants serving liquor by the drink are private clubs, and state voters authorized casino gambling when they approved a state lottery in 1986.

One of the biggest legal fictions is that teachers and public school personnel are county employees -- even though more than 90 percent of their salaries and benefits are paid with state dollars through the School Aid Formula.

Which is why legislators and Public Employee Insurance Agency officials are having to tread lightly in drafting legislation to declare that the massive unfunded liability for future health-care costs for retired teachers and school personnel -- currently estimated at more than $3 billion -- is the obligation of the state, not the county boards of education.

They have to craft the law carefully to avoid shattering the illusion that teachers and service personnel are county employees who just happen to be paid by the state.

The ramifications of admitting that public school employees are employees of the state would be widespread, not the least of which being that there are about 17 legislators who would have to either quit their day jobs, or be ineligible to serve in the Legislature as state employees.

Another issue would be whether there would be any need for having 55 employee-less county boards of education.

Education seminars

Speaking of education, I finally got an answer of sorts from Department of Education spokeswoman Liza Cordeiro on how much the department spends each year to host professional development seminars at ritzy hotels, resorts and conference centers around the state.

She forwarded the following: "In order to fulfill your request, the number below includes state monies spent on major professional development from July 1, 2008, to June 30, 2009. The amount includes off-campus costs (hospitality, rentals, food, lodging) for professional development for educators in the public school system. This number does not include one-day informational meetings.

"Total amount: $2,146,920."

While $2.14 million is a drop in the bucket for a department with a $1.9 billion operating budget, couldn't that money be better spent in the classroom?

Meanwhile, I talked to Logan County school board member Moss Burgess, who concurs that the department is wasting money sending teachers and administrators to hotels for professional training.

He said he was at the Charleston Marriott last month attending one of the department's in-service sessions, when it occurred to him that every meeting he attended could have just as easily been streamed on the Internet.

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Posted By: KCS (8:22pm 10-19-2009)
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I don't think teachers should be Legislatures due to the simple fact of how many days they are out of the classroom. I made sure my children were not assigned to a particular Legislature because I knew how many days of school s/he missed due to regular, emergency and interim sessions.

As for "streaming meetings over the internet" - exactly where in the state would there be connectivity with high enough speeds to handle without lagging/buffering the media? High schools are allotted the most bandwidth in the school systems - but with multiple connections even that would crash. I was personally involved in the Special Educators conference this summer and I will guarantee you there was no other way to efficiently disseminate the materials/information/demonstrations we did in any other fashion than face-to-face, over the course of several days, at a hotel in Charleston and have it have the classroom impact that was desired.

Posted By: WVState (5:19pm 10-19-2009)
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If the state tries to pick up the unfunded tab on school employees, the state employees unions should file a lawsuit. This would be their big opportunity.

Posted By: AaronS (1:07pm 10-19-2009)
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One of the biggest legal fictions is that teachers and public school personnel are county employees -- even though more than 90 percent of their salaries and benefits are paid with state dollars through the School Aid Formula.

How many times as our resident Marxist tried to tell us that coal is oppressing teacher salaries in Mingo County, so much so that they had to pass a petition to ask for livable wages?

Posted By: WEST VIRGINIAN (11:41am 10-19-2009)
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"Under West Virginia law, beer is nonintoxicating, all bars and restaurants serving liquor by the drink are private clubs"

nnn

Another excellent example of how the State Of West Virginia violates the law every day, by not enforcing the Law(s).

For Example, if the law states that only Private Clubs may serve whiskey to members only, and they serve to anyone that can walk or crawl into a bar can buy alcohol, then the State, Counties, and Cities are permitting the bars to violate the law(s).

Also, since Beer is non-intoxicating, then the Police and Courts are violating the law by arresting people for being drunk.

---smile---

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