Jamison v. Board of Education of the County of Monongalia, 226 W. Va. 503

Summary

The Supreme Court of Appeals of West Virginia considered whether a school employee holding two half-time positions was entitled to mileage reimbursement for travel between workstations. The court held that the applicable county policy and West Virginia Code § 18A-2-14 did not exclude such reimbursement and strictly construed the school personnel provisions in favor of the employee. It reversed the circuit court and remanded with directions to provide reimbursement for documented qualifying travel.

Holdings

1. Under the narrow facts of the case, the Board's policy and the statute required reimbursement for Jamison's travel between her two workstations because neither expressly excluded employees with two half-time positions, and school personnel regulations and laws must be strictly construed in favor of the employee.
2. The Board could not impose an unstated exception to its reimbursement policy; if it intended to prohibit reimbursement for travel between two half-time positions selected by an employee, it was required to write the policy to reflect that intent.

Questions Presented

1. Whether the Board's travel policy required mileage reimbursement for Jamison's travel between two half-time workstations.
2. Whether West Virginia Code § 18A-2-14 required reimbursement for Jamison's use of a personal vehicle to travel between her two school assignments.
3. Whether the distinction between an employee with two independent half-time positions and an employee with one full-time position involving two workstations precluded reimbursement.

Disposition

reversed_and_remanded