Wiggins v. . Board of Education

151 S.E. 730, 198 N.C. 301, 1930 N.C. LEXIS 330

• Court: Supreme Court of North Carolina
• Decided: February 12, 1930
• Status: Published

Opinion

Bírogden, J.

Is the selection of a janitor for a. school building in a local tax district within the power of the district school committee or the county board of education ?

In the case at bar, two janitors were selected for the same building, one by the district committee, and the other by the county board of education. The pertinent provisions of the school law apparently impose the responsibility for school property primarily upon the board of education. For instance, the legal title to school property must be vested in the board, 'and the building qf new schoolhouses and the repairing of an old sehoolhouse is under the control of the board of education. Indeed, under certain conditions, the board can actually sell the school property and deliver a good title to the purchaser. The county board, in order to encourage the use of property for civic purposes, may “make rules and regulations governing the use of school property.” Furthermore, 3 C. S., 5429 provides that “all powers and duties conferred and imposed by law respecting public schools which are not expressly confirmed and imposed upon some other officials, are conferred and imposed upon the county board of education.” Moreover, the county board of education is required to prepare and file what is known as the May budget. The law requires that this budget shall provide three separate school funds. 3 C. S., 5596. The current expense fund under the provisions of the law must provide for the operation of the school plant, which includes by express language, the “wages of janitors.” .

The plaintiffs rely upon the provisions of 3 C. S., 5538. This section confers upon the school committee the care and custody of all schoolhouses, etc., subject, however, “to rules and regulations governing school property adopted by the county board of education,” etc. While 3 C. S., 5538, by narrow and strict interpretation might support the plaintiffs’ theory, yet a consideration of the law, in its entirety, leads us to the conclusion that the county board of education has the right to employ a janitor under the facts and circumstances disclosed in the present record.

Affirmed.