Darrell V. McGraw, Jr.
Attorney General
Barbara H. Allen
Managing Deputy Attorney General
Charleston, West Virginia
Attorneys for the Appellant
J. David Cecil
Hurricane, West Virginia
Attorney for the Appellees
JUSTICE DAVIS delivered the Opinion of the Court.
JUDGE ROBERT B. STONE, sitting by temporary assignment.
JUSTICE SCOTT did not participate.
1. 'Where the issue on an appeal from the circuit court is clearly a
question of law or involving an interpretation of a statute, we apply a de novo standard of
review.' Syllabus point 1, Chrystal R.M. v. Charlie A.L., 194 W. Va. 138, 459 S.E.2d
415 (1995). Syllabus point 2, Webster County Commission v. Clayton, ___ W. Va. ___,
___ S.E.2d ___ (No. 25625 July 16, 1999).
2. A circuit court's entry of a declaratory judgment is reviewed de
novo. Syllabus point 3, Cox v. Amick, 195 W. Va. 608, 466 S.E.2d 459 (1995).
3. ''When the constitutionality of a statute is questioned every
reasonable construction of the statute must be resorted to by a court in order to sustain
constitutionality, and any doubt must be resolved in favor of the constitutionality of the
legislative enactment.' Point 3, Syllabus, Willis v. O'Brien, 151 W. Va. 628[, 153 S.E.2d
178 (1967)]. Syllabus Point 1, State ex rel. Haden v. Calco Awning & Window Corp.,
153 W. Va. 524, 170 S.E.2d 362 (1969).' Syllabus point 3, Donley v. Bracken, 192
W. Va. 383, 452 S.E.2d 699 (1994). Syllabus point 7, Albright v. White, 202 W. Va.
292, 503 S.E.2d 860 (1998).
4. 'Where economic rights are concerned, we look to see whether the
classification is a rational one based on social, economic, historic or geographic factors,
whether it bears a reasonable relationship to a proper governmental purpose, and whether
all persons within the class are treated equally. Where such classification is rational and
bears the requisite reasonable relationship, the statute does not violate Section 10 of Article
III of the West Virginia Constitution, which is our equal protection clause. Syllabus
Point 7, [as modified,] Atchinson v. Erwin, 172 W. Va. 8, 302 S.E.2d 78 (1983).'
Syllabus Point 4, as modified, Hartsock-Flesher Candy Co. v. Wheeling Wholesale
Grocery Co., 174 W. Va. 538, 328 S.E.2d 144 (1984). Syllabus point 4, Gibson v. West
Virginia Department of Highways, 185 W. Va. 214, 406 S.E.2d 440 (1991).
5. W. Va. Code § 18A-3-2c(i) (1996) (Repl. Vol. 1997) and W. Va.
Code § 18A-3-2c(i) (1998) (Supp. 1999), which require all principals to attend Principals
Academy training despite the fact that some principals' attendance [may] occur[] outside
[their] employment term, is constitutional.
6. 'The general rule of statutory construction requires that a specific
statute be given precedence over a general statute relating to the same subject matter where
the two cannot be reconciled. Syllabus Point 1, UMWA by Trumka v. Kingdon, 174
W. Va. 330, 325 S.E.2d 120 (1984).' Syllabus point 1, Whitlow v. Board of Education
of Kanawha County, 190 W. Va. 223, 438 S.E.2d 15 (1993). Syllabus point 6, Albright
v. White, 202 W. Va. 292, 503 S.E.2d 860 (1998).
7. W. Va. Code § 18A-3-2c(i) (1996) (Repl. Vol. 1997), W. Va. Code
§ 18A-3-2c(i) (1998) (Supp. 1999), and 9A W. Va. C.S.R. § 126-147-6.4 (1997) require
the Center for Professional Development to pay stipends to individuals attending the
Principals Academy whose attendance occurs outside [their] employment term provided
funding is allocated by the legislature.
Davis, Justice:
The appellant herein and defendant below, the Center for Professional
Development [hereinafter the Center],See footnote 1
1
appeals the orders of the Circuit Court of
Kanawha County entered on January 15, 1999, and April 1, 1999. In these orders, the
circuit court entered declaratory judgment in favor of the appellees herein and plaintiffs
below, H. Kenneth Carvey, Jr., and several other similarly situated principals in West
Virginia public schools, and the West Virginia Association of Elementary and Middle
School Principals and the West Virginia Association of Secondary School Principals, and
their individual members [hereinafter collectively referred to as Carvey]. The circuit
court ruled that W. Va. Code § 18A-3-2c(i) and W. Va. Code § 18A-3A-1(d), when read
in pari materia, require the Center to provide a stipend to those principals and assistant
principals [hereinafter collectively referred to as principals] who attend the Center's
specialized principal training programs outside of their terms of employment. On appeal
to this Court, the Center contends that the circuit court erred (1) by finding W. Va. Code
§ 18A-3-2c(i) to be unconstitutional in its application as a denial of equal protection to
similarly situated school principals and (2) by ruling that a contemporaneous reading of
W. Va. Code § 18A-3-2c(i) and W. Va. Code § 18A-3A-1(d) requires the Center to pay
stipends to principals participating in its training programs. Upon a review of the parties'
arguments, the record designated for appellate review, and the pertinent authorities, we
affirm, in part, and reverse, in part, the decision of the Circuit Court of Kanawha County.
Insofar as the circuit court determined the Center to be the entity responsible for paying
stipends to Principals Academy participants, we affirm the lower court's orders.
However, to the extent that the circuit court found W. Va. Code § 18A-3-2c(i) to be
unconstitutional in its application and concluded that the amount of such stipends should
be commensurate with the attendees' daily contractual rate of pay, we reverse the lower
court's rulings.
Thereafter, in 1997, the Legislature amended W. Va. Code § 18A-3A-1(d)
by deleting the and any stipends language. See W. Va. Code § 18A-3A-1(d) (1997)
(Repl. Vol. 1997). See also W. Va. Code § 18A-3A-1(d) (1998) (Supp. 1999) (same).
Accordingly, the Center, which held Principals AcademySee footnote 3
3
programs in 1997 and 1998, did
not pay the attending principals a stipend because it believed that the Legislature had
relieved it of this obligation.See footnote 4
4
The complaints leading to the instant proceedings surfaced
when various principals attending the 1997 Academy learned that some of their number,
who had long contractsSee footnote 5
5
of employment, were essentially being paid to attend the
Academy because it was held during their terms of employment. Most of the principals
attending this Academy, however, did not have long contracts, and thus their Academy
attendance occurred extraneous to their employment terms.See footnote 6
6
To challenge this perceived disparity in compensation, certain short-
contract principals filed the underlying declaratory judgment action in the Circuit Court
of Kanawha County. Following various proceedings, the circuit court, by order entered
January 15, 1999, rendered an interim Order wherein it found W. Va. Code § 18A-3-2c(i)
to be unconstitutional as applied to the extent that the Center had failed to provide stipends
for those principals attending the 1997 and 1998 Principals Academies outside of their
contract terms of employment.See footnote 7
7
The court also ruled that those principals who were not
under contract during the 1997 and 1998 Principals Academies, and who had not received
stipends for their attendance at these training sessions, were entitled to back pay at their
normal contract daily rate of pay last received before attending the Academy. Lastly, the
court enjoined the Center from conducting future Principals Academies unless it provides
in addition to statutorily authorized expenses, compensation for such training at the
principal or assistant principal's normal contract rate for each day of attendance.
Thereafter, the circuit court held a hearing in this matter and, on April 1, 1999, entered the final order challenged in the instant appeal. In this order, the circuit court determined
1. The Center for Professional Development is the
entity charged by West Virginia Code, §18A-3-2(c)(i) [§ 18A-
3-2c(i)] with payment of compensation for principals attending
the academy outside their normal employment contract terms.
2. West Virginia Code, §18A-3a-1(d) [§ 18A-3A-1(d)]
must be read in pari materia with Code, §18A-3-29(c)(i)
[§ 18A-3-2c(i)] so that any principal or assistant principal
whose attendance occurs outside his or her employment term
may be entitled to a stipend to be determined and paid by the
Center for Professional Development.
3. The legislative intent under the aforementioned code
sections is that any payments due Academy participants should
be paid by the Center for Professional Development.
4. The fact that the Center is not currently sufficiently
funded to provide principals the compensation due does not
alter, modify or absolve its obligation to provide court ordered
compensation to plaintiffs and the classes they represent as
evidenced by the language in West Virginia Code, §§ 18A-3-
2c and 18A-3a-1 [18A-3A-1].
The court then reiterated its mandate contained in its January order requiring the Center
to provide back pay for the heretofore uncompensated participants in the 1997 and 1998
Principals Academies and stayed its injunctive order to permit an appeal to this Court.
From the circuit court's January 15, 1999, and April 1, 1999, orders, the Center seeks
appellate relief in this Court.
Due to the predominance of legal issues in a declaratory judgment proceeding, we employ
an identical standard of review to such rulings. A circuit court's entry of a declaratory
judgment is reviewed de novo. Syl. pt. 3, Cox v. Amick, 195 W. Va. 608, 466 S.E.2d
459. Having ascertained the applicable method of review, we now turn to consider the
parties' arguments.
We begin our analysis of this issue with a review of the principles which
guide our determination of constitutional challenges--a delicate task which we do not
undertake lightly.
In addressing a claim that legislation is unconstitutional,
we start with the fundamental precept that the powers of the
legislature are almost plenary: The Constitution of West
Virginia being a restriction of power rather than a grant
thereof, the legislature has the authority to enact any measure
not inhibited thereby.
Robinson v. Charleston Area Med. Ctr., Inc., 186 W. Va. 720, 725, 414 S.E.2d 877, 882
(1991) (quoting Syl. pt. 1, Foster v. Cooper, 155 W. Va. 619, 186 S.E.2d 837 (1972))
(footnote omitted). Extending due deference to our coordinate branch of government, this
Court generally presumes that statutes enacted by the Legislature are constitutional. Only
when it can be said beyond a reasonable doubt that a law violates the Constitution of this
State will we invalidate a legislative enactment on constitutional grounds. See Rockland
Realty Corp. v. Lilly, 199 W. Va. 674, 677-78, 487 S.E.2d 332, 335-36 (1997) (per
curiam); Farley v. Graney, State Road Comm'r, 146 W. Va. 22, 33, 119 S.E.2d 833, 840
(1960). Thus,
'[w]hen the constitutionality of a statute is questioned
every reasonable construction of the statute must be resorted
to by a court in order to sustain constitutionality, and any
doubt must be resolved in favor of the constitutionality of the
legislative enactment. Point 3, Syllabus, Willis v. O'Brien,
151 W. Va. 628[, 153 S.E.2d 178 (1967)].' Syllabus Point 1,
State ex rel. Haden v. Calco Awning & Window Corp., 153
W. Va. 524, 170 S.E.2d 362 (1969). Syllabus point 3,
Donley v. Bracken, 192 W. Va. 383, 452 S.E.2d 699 (1994).
Syl. pt. 7, Albright v. White, 202 W. Va. 292, 503 S.E.2d 860 (1998). Accord State ex
rel. Carper v. West Virginia Parole Bd., 203 W. Va. 583, 589, 509 S.E.2d 864, 870
(1998); West Virginia Human Rights Comm'n v. Garretson, 196 W. Va. 118, 124, 468
S.E.2d 733, 739 (1996). In this regard,
[c]ourts will never impute to the legislature intent to
contravene the constitution of either the state or the United
States, by construing a statute so as to make it
unconstitutional, if such construction can be avoided,
consistently with law, in giving effect to the statute, and this
can always be done, if the purpose of the act is not beyond
legislative power in whole or in part, and there is no language
in it expressive of specific intent to violate the organic law.
Syl. pt. 29, Coal & Coke Ry. Co. v. Conley, 67 W. Va. 129, 67 S.E. 613 (1910).
Where, as here, the precise constitutional challenge at issue involves equal
protection concerns, additional tenets guide our inquiry as to the validity of a controverted
legislative enactment. Most legislative classifications, including those which involve
economic rights, are subjected to a minimum level of scrutiny, the traditional equal
protection concept that the legislative classification will be upheld if it is reasonably related
to the achievement of a legitimate state purpose. Robinson, 186 W. Va. at 726, 414
S.E.2d at 883 (emphasis added). In the case sub judice, such a review is indeed
appropriate as the classification sought to be protected involves the economic rights of
individuals who attend the Principals Academy.
'Where economic rights are concerned, we look to see
whether the classification is a rational one based on social,
economic, historic or geographic factors, whether it bears a
reasonable relationship to a proper governmental purpose, and
whether all persons within the class are treated equally.
Where such classification is rational and bears the requisite
reasonable relationship, the statute does not violate Section 10
of Article III of the West Virginia Constitution, which is our
equal protection clause.' Syllabus Point 7, [as modified,]
Atchinson v. Erwin, 172 W. Va. 8, 302 S.E.2d 78 (1983).
Syllabus Point 4, as modified, Hartsock-Flesher Candy Co. v.
Wheeling Wholesale Grocery Co., 174 W. Va. 538, 328
S.E.2d 144 (1984).
Syl. pt. 4, Gibson v. West Virginia Dep't of Highways, 185 W. Va. 214, 406 S.E.2d 440
(1991). Having reviewed these canons of statutory construction which govern challenges
to a legislative enactment's constitutionality, we proceed to consider the precise issue
presented by the instant appeal.
The constitutional controversy presented for our resolution is whether W. Va.
Code § 18A-3-2c(i) impermissibly invades the economic rights of Principal Academy
attendees by not guaranteeing compensation to those attendees who are not under contract
at the time of their Academy attendance. Such attendance at the Principals Academy is
required of all school principals in this State in an effort to ensure the preparedness of
these professional educators. See W. Va. Code § 18A-3-2c(a,g) (1998) (Supp. 1999)
(establishing attendance requirement); W. Va. Code § 18A-3-2c(a,g) (1996) (Repl. Vol.
1997) (same). See also W. Va. Code § 18A-3A-2b(a) (1998) (Supp. 1999) (defining goals
of Principals Academy); W. Va. Code § 18A-3A-2b(a) (1996) (Repl. Vol. 1997) (same).
However, the frequency of required attendance varies, depending upon the individual
principal, the particular needs of the school to which he or she has been assigned, and the
availability of program funding. See W. Va. Code § 18A-3-2c(a,b,c) (1998) (Supp. 1999);
W. Va. Code § 18A-3-2c(a,b,c) (1996) (Repl. Vol. 1997). Pursuant to the challenged
statutory language, the payment of stipends to principals whose Academy attendance
occurs outside [their] employment term is conditioned upon the availability of such
monies from the Center's annual legislative appropriation. See W. Va. Code § 18A-3-
2c(i).See footnote 10
10
By contrast, those principals who have extended contractual terms of employment
are essentially compensated for their Academy attendance by their various employers.
The first prong of equal protection analysis of economic rights is whether the
classification is rationally based on social, economic, historic or geographic factors.
Syl. pt. 4, in part, Gibson v. West Virginia Dep't of Highways, 185 W. Va. 214, 406
S.E.2d 440. In the present context, we find this distinction between long-contract
employees and short-contract employees to be rational. We repeatedly have held that
county school boards have significant discretion in making personnel decisions. 'County
boards of education have substantial discretion in matters relating to the hiring,
assignment, transfer, and promotion of school personnel. . . .' Syllabus Point 3, [in part,]
Dillon v. Bd. of Educ. of County of Wyoming, 177 W. Va. 145, 351 S.E.2d 58 (1986).
Syl. pt. 3, in part, Board of Educ. of Wood County v. Enoch, 186 W. Va. 712, 414 S.E.2d
630 (1992). See also Mason County Bd. of Educ. v. State Superintendent of Schs., 160
W. Va. 348, 351, 234 S.E.2d 321, 323 (1977) (We recognize that considerable authority
is vested in a county board of education to operate its public schools. (citation omitted)).
One example of such discretion is contained in W. Va. Code § 18-5-15(a) (1994) (Repl.
Vol. 1999), which permits a county board of education the flexibility to contract with its
employees for a period of employment in excess of the minimum employment term:
The employment term for teachers[See footnote 11
11
] shall be no less
than ten months, a month to be defined as twenty employment
days exclusive of Saturdays and Sundays: Provided, That the
board may contract with all or part of the personnel for a
longer term. The employment term shall be fixed within such
beginning and closing dates as established by the state board:
Provided, however, That the time between the beginning and
closing dates does not exceed forty-three weeks.
(Footnote added) (emphasis added). Given the substantial deference afforded to personnel
decisions made by a county board of education and the specific grant of authority to local
school boards to enter into contractual employment terms of varying lengths, we cannot
find, beyond a reasonable doubt, that the economic differentiation between long-
contractemployees and short-contract employees is irrational.
Next, we must determine whether the second equal protection factor has been
satisfied, i.e., whether the classification bears a reasonable relationship to a proper
governmental purpose. Syl. pt. 4, in part, Gibson, 185 W. Va. 214, 406 S.E.2d 440.
In this State, a person's educational rights are constitutionally guaranteed: [t]he legislature
shall provide, by general law, for a thorough and efficient system of free schools.
W. Va. Const. art. XII, § 1. To facilitate the accomplishment of this mandate, the
Legislature, in developing the West Virginia school system, has established certain
minimum standards for educators employed thereby. See W. Va. Code § 18A-2-2 (1990)
(Repl. Vol. 1997) (discussing requirements for employment as a teacher); W. Va. Code
§ 18A-2-9 (1990) (Repl. Vol. 1997) (defining requisite education and skills for principals).
Additionally, the Legislature, in recognition of the need to maintain its educators'
qualifications, has developed a system by which to preserve and further strengthen the
abilities of this State's educational employees. W. Va. Code § 18A-3A-1(a) (1998) (Supp.
1999) contains one such mission statement of particular relevance to the instant
controversy:
Teaching is a profession that directly correlates to the
social and economic well-being of a society and its citizens.
Superior teaching is essential to a well educated and productive
populace. Strong academic leadership provided by principals
and administrators skilled in modern management principles is
also essential. The intent of this article is to recognize the
value of professional involvement by experienced educators,
principals and administrators in building and maintaining a
superior force of professional educators and to establish
avenues for applying such involvement.
The general mission of the center is to study matters
relating to the quality of teaching and management in the
schools of West Virginia and to promote the implementation
primarily of statewide programs and practices as recommended
by the state board to assure the highest quality in teaching and
management. . . . Additionally, the center shall perform such
duties as are assigned to it by law. . . .
See also W. Va. Code § 18A-3A-1(a) (1997) (Repl. Vol. 1997) (same). Among the
Center's legal obligations are the curriculum development for and sponsorship of the
Principals Academy. W. Va. Code § 18A-3A-2 (1998) (Supp. 1999); W. Va. Code
§ 18A-3A-2 (1997) (Repl Vol. 1997); W. Va. Code § 18A-3A-2b. During Academy
training, principals are instructed regarding certain minimum qualities, proficiencies and
skills required of all principals in this State. W. Va. Code § 18A-3-2c(e) (1998) (Supp.
1999); W. Va. Code § 18A-3-2c(e) (1996) (Repl. Vol. 1997). Thus, it appears that the
statutory requirement that all principals attend the Principals Academy regardless of the
length of their contractual term of employment is reasonably related to the Legislature's
fulfillment of its proper, and constitutionally-dictated, governmental purpose of providing
a thorough and efficient system of free schools. See W. Va. Const. art. XII, § 1.
Lastly, we must decide whether W. Va. Code § 18A-3-2c(i) treats all persons
equally who are within the subject classification. Syl. pt. 4, in part, Gibson v. West
Virginia Dep't of Highways, 185 W. Va. 214, 406 S.E.2d 440. In this regard, we look
to the statutory provisions defining contractual terms of employment and establishing and
regulating the salaries of principals in this State. As we discussed above, county boards
of education may contract with their employees for periods of employment longer than the
statutory minimum employment term. W. Va. Code § 18-5-15(a). Nevertheless, the
corresponding statutes which fix the salaries payable to principals and other educational
employees are based not upon contractual terms of employment, but upon a yearly cycle.
See W. Va. Code § 18A-4-2 (1998) (Supp. 1999) (prescribing statewide minimum salaries
for teachers during the contract year); W. Va. Code § 18A-4-2 (1996) (Repl. Vol. 1997)
(same); W. Va. Code § 18A-4-3 (1996) (Repl. Vol. 1997) (providing [s]tate minimum
annual salary increments for principals and assistant principals). See also W. Va. Code
§ 18A-4-5 (1994) (Repl. Vol. 1997) (basing pay equity of educational employees on
statutory salary schedules). While it is true that some principals attending the Principals
Academy may not be compensated for their Academy attendance, there is no indication
that, on average, all principals are not receiving commensurate annual salaries in
accordance with the statutory guidelines therefor. Thus, we cannot say, beyond a
reasonable doubt, that the members of the class are not treated equally.
Based upon our foregoing discussion, we therefore hold that W. Va. Code
§ 18A-3-2c(i) (1996) (Repl. Vol. 1997) and W. Va. Code § 18A-3-2c(i) (1998) (Supp.
1999), which require all principals to attend Principals Academy training despite the fact
that some principals' attendance [may] occur[] outside [their] employment term, is
constitutional. Accordingly, we reverse the circuit court's orders holding to the contrary.
The second enactment governing the Center's payment of stipends, however,
clearly obviates the Center's responsibility for such payments. While the prior version of
W. Va. Code § 18A-3A-1(d) (1996) (Supp. 1996)See footnote 12
12
clearly charged the Center with the
payment of stipends, subsequent amendments thereto relieved the Center of this obligation,
directing only that the Center retain its responsibility for the provision of expenses for
Academy participants:
In accordance with section two-c, article three of this
chapter [W. Va. Code § 18A-3-2c], the center shall be
responsible for paying reasonable and necessary expenses for
persons attending the principals academy: Provided, That
nothing in this section shall be construed to require any
specific level of funding by the Legislature.
W. Va. Code § 18A-3A-1(d) (1998) (Supp. 1999). See also W. Va. Code § 18A-3A-1(d)
(1997) (Repl. Vol. 1997) (same).
The third and final provision regarding stipends reiterates the rhetoric that
establishes such stipends announced in W. Va. Code § 18A-3-2c(i). See 9A W. Va.
C.S.R. § 126-147-6.4 (1997). Unlike § 18A-3-2c(i), though, the legislative rule dispenses
with the discretionary language attending the stipend's payment and directs that such
compensation will be paid, subject to availability of funds from legislative appropriation:
Principals attending the Academy who are not under contract during the period in which
the Academy is in session will receive a stipend provided funding is allocated by the
legislature. W. Va. C.S.R. § 126-147-6.4. Although this legislative rule does not
specifically define the entity responsible for paying such stipends, one may infer that the
Center is the intended benefactor given the rule's various references to the Center's stated
responsibility to sponsor the Principals Academy and fulfill other attendant duties. See,
e.g., 9A W. Va. C.S.R. § 126-147-5.3 and -5.3.1 (1997) (charging Center with task of
providing Principals Academy training); 9A W. Va. C.S.R. § 126-147-6.1.5 (1997)
(allowing Center to prioritize potential Principals Academy participants when insufficient
funding does not permit all candidates to attend); 9A W. Va. C.S.R. § 126-147-6.5 (1997)
(recognizing Center's responsibility for maintenance of records regarding Principals
Academy attendees). See also Syl. pt. 4, Smith v. State Workmen's Compensation
Comm'r, 159 W. Va. 108, 219 S.E.2d 361 (1975) ('That which is necessarily implied in
a statute, or must be included in it in order to make the terms actually used have effect,
according to their nature and ordinary meaning, is as much a part of it as if it had been
declared in express terms.' Syllabus point 14., State v. Harden, 62 W. Va. 313, 58 S.E.
715 (1907).).
Despite these inconsistencies in the Legislature's pronouncements as to the
party responsible for paying stipends to Principals Academy participants, this matter
nevertheless may be facilely resolved through the application of basic principles of
statutory construction. Generally, '[s]tatutes which relate to the same subject matter
should be read and applied together so that the Legislature's intention can be gathered from
the whole of the enactments.' Syllabus Point 3, Smith v. State Workmen's Compensation
Comm'r, 159 W. Va. 108, 219 S.E.2d 361 (1975). Syl. pt. 3, Boley v. Miller, 187
W. Va. 242, 418 S.E.2d 352 (1992). See also Syl. pt. 2, Beckley v. Kirk, 193 W. Va.
258, 455 S.E.2d 817 (1995) (same).
Moreover, '[w]here it is possible to do so, it is the duty of the courts, in the
construction of statutes, to harmonize and reconcile laws, and to adopt that construction
of a statutory provision which harmonizes and reconciles it with other statutory provisions
. . . .' State v. Williams, 196 W. Va. 639, 641, 474 S.E.2d 569, 571 (1996) (quoting
State ex rel. Pinson v. Varney, 142 W. Va. 105, 109-10, 96 S.E.2d 72, 75 (1956))
(additional internal quotations and citations omitted). With respect to inconsistent statutes
which, together, form a part of a comprehensive body of law, '[t]he general rule of
statutory construction requires that a specific statute be given precedence over a general
statute relating to the same subject matter where the two cannot be reconciled. Syllabus
Point 1, UMWA by Trumka v. Kingdon, 174 W. Va. 330, 325 S.E.2d 120 (1984).'
Syllabus point 1, Whitlow v. Board of Education of Kanawha County, 190 W. Va. 223,
438 S.E.2d 15 (1993). Syl. pt. 6, Albright v. White, 202 W. Va. 292, 503 S.E.2d 860.
Of the various legislative enactments applicable to the instant controversy,
it is clear that W. Va. Code § 18A-3-2c(i) and W. Va. C.S.R. § 126-147-6.4 are the more
specific provisions as their scope is limited to the Principals Academy and the Center's
specific duties in that regard. Contrariwise, W. Va. Code § 18A-3A-1 defines, in general
terms, the entire scope of the Center, from its elementary purpose and component
members to its various responsibilities and certain approved budgetary expenditures. See
W. Va. Code § 18A-3A-1 (1998); W. Va. Code § 18A-3A-1 (1997). As the task at hand
involves a determination of whether stipends are available to principals attending the
Principals Academy, and not other forms of training sponsored by the Center, we conclude
that the more specific terminology contained in W. Va. Code § 18A-3-2c(i) and W. Va.
C.S.R. § 126-147-6.4 governs this controversy.
To ascertain the specific import of this provision, we need look no further
than the provisions' plain language.
When a statute is clear and unambiguous and the
legislative intent is plain, the statute should not be interpreted
by the courts, and in such case it is the duty of the courts not
to construe but to apply the statute. Syllabus point 5, State
of West Virginia v. General Daniel Morgan Post No. 548,
V.F.W., 144 W. Va. 137, 107 S.E.2d 353 (1959).
Syl. pt. 1, VanKirk v. Young, 180 W. Va. 18, 375 S.E.2d 196 (1988). See also Syl. pt.
4, Daily Gazette Co., Inc. v. West Virginia Dev. Office, ___ W. Va. ___, ___ S.E.2d ___
(No. 25437 May 19, 1999) (same). In this vein, W. Va. Code § 18A-3-2c(i) clearly
dictates that stipends are to be paid by the center for professional development, and
W. Va. C.S.R. § 126-147-6.4 indicates that such payments are conditioned upon the
Legislature's allocation of funding therefor.
The sole remaining inconsistency between these provisions is whether the
payment of such stipends rests within the Center's discretion, as suggested by the
employment of the permissive term may in § 18A-3-2c(i), or whether such payments are
mandatory, as implied by the directory word will contained in § 126-147-6.4. Compare
State v. Hedrick, ___ W. Va. ___, ___, 514 S.E.2d 397, 402 (1999) (The word 'may'
generally signifies permission and connotes discretion. (citations omitted)) and Gebr.
Eickhoff Maschinenfabrik Und Eisengieberei mbH v. Starcher, 174 W. Va. 618, 626 n.12,
328 S.E.2d 492, 500 n.12 (1985) (same) with Airline Motor Coaches, Inc. v. Guidry, 241
S.W.2d 203, 209 (Tex. Civ. App. 1950) (The word 'will' has been defined as an
auxiliary verb commonly having the mandatory sense of shall or must. (citation omitted))
and Russell v. Harrison, 33 Okla. 225, 229, 124 P. 762, 763 (1912) (same). But see In
re Trusteeship of First Minneapolis Trust Co., 202 Minn. 187, 191-92, 277 N.W. 899, 902
(1938) (Provisions which are mandatory in form are often held to be directory and those
which are directory in form are often held to be mandatory because such words as 'may,'
'shall,' 'must,' and 'will' are often used without discrimination. All of them are elastic
and frequently treated as interchangeable. (citations omitted)). Typically, '[s]chool
personnel regulations and laws are to be strictly construed in favor of the employee.' Syl.
pt. 1, Morgan v. Pizzino, 163 W. Va. 454, 256 S.E.2d 592 (1979). Syl. pt. 4, Miller v.
Board of Educ. of Boone County, 190 W. Va. 153, 437 S.E.2d 591 (1993). In keeping
with this liberal construction, then, we conclude that the directory provision contained in
W. Va. C.S.R. § 126-147-6.4 governs the Center's obligation to pay stipends to Principals
Academy participants who are not under contract at the time of the training session.
Accordingly, we hold that W. Va. Code § 18A-3-2c(i) (1996) (Repl. Vol.
1997), W. Va. Code § 18A-3-2c(i) (1998) (Supp. 1999), and 9A W. Va. C.S.R. § 126-
147-6.4 (1997) require the Center for Professional Development to pay stipends to
individuals attending the Principals Academy whose attendance occurs outside [their]
employment term provided funding is allocated by the legislature. To the extent that
the circuit court likewise determined the Center to be the party responsible for paying
stipends to Principals Academy participants, we affirm the lower court's rulings.
A further issue of contention herein is the precise amount of the stipends to
be paid to the participating principals eligible to receive the same. This figure is not
defined in the provisions establishing the stipend, see W. Va. Code § 18A-3-2c(i) (1998);
W. Va. Code § 18A-3-2c(i) (1996); W. Va. C.S.R. § 126-147-6.4, but the determination
of this amount is entrusted to the Center: a stipend to be determined by . . . the center
for professional development. W. Va. Code § 18A-3-2c(i) (1998); W. Va. Code § 18A-
3-2c(i) (1996).See footnote 13
13
Therefore, to the extent that the circuit court held that such stipends
should be commensurate with the attendees' contractual daily rate of pay, we reverse the
lower court's order.
Affirmed, in part, and Reversed, in part.
Training through the principals academy shall include at least
the following:
(a) Training designed to build within principals the
minimum qualities, proficiencies and skills that will be
required of all principals pursuant to the rules of the state
board;
(b) Intensive summer training institutes; and
(c) Specialized training and professional development
programs for all principals, with special programs for the
following principals:
(1) Newly appointed principals;
(2) Principals of schools which have received from the
state board temporary or conditional accreditation status or
whose schools have been designated as seriously impaired;
(3) Principals subject to improvement plans; and
(4) Principals of schools with significantly different
grade level configurations.
See also W. Va. Code § 18A-3A-2b (1996) (Repl. Vol. 1997) (same). In its appellate
brief, the Center represents that its implementation of these statutory mandates results in
the provision of training which consists of a six-day summer session held at three
geographic locations, as well as a two-day follow-up session held in December.
1. The present application of West Virginia Code,
§18A-3-2c, creates classifications which are not rationally
based on social, economic, historic or geographic factors and
fails to treat all principals within the class established by the
present application of the statute equally in regard to
compensation.
2. When the constitutionality of [a] statute is
questioned, every reasonable construction of the statute must
be resorted to by [the] court in order to sustain its
constitutionality, and any doubt must be resolved in favor of
[the] constitutionality of legislative enactments.
3. The legislative intent is clearly that principals and
assistant principals required to attend the Academy under
W. Va. Code, §18A-3-2c, as amended, should do so during
the term of their employment contracts and that those who are
training at times other than when under their normal
employment contract, should be paid a stipend; because the
language suggests that some principals may attend outside their
regular contract terms, the Court is of the opinion that such
attendance was intended to be the exception and not the rule.
4. To the extent that the statute does not require normal
contract pay to those attending outside their normal contract
periods, but rather a stipend to be determined by and paid by
the center for professional development, and such amount is
less than the attendee's normal contract rate of pay it violates
the right to equal treatment and the Court finds that the present
application of the statute violates the equal protection
provisions of Article III, section 10 of the Constitution of the
State of West Virginia and the Fourteenth Amendment of the
United States Constitution.