Alabama Advisory Opinions May 28, 1993: AGO 93-00198 (May 28, 1993)

Advisory Opinion Text

Honorable James L. Crocker

Superintendent

Attalla City Schools

101 Case Avenue

Attalla, AL 35954

Boards of Education - Offices and Officers - Residence Requirements

Code of Alabama 1975, § 36-9-1(3) provides that any office is vacated by the incumbent's ceasing to be a resident of the district for which he was elected.

Dear Mr. Crocker:

This opinion is issued in response to your request for an opinion from the Attorney General.

QUESTION

Does a member of the Attalla City Board of Education vacate his position when he moves outside the district in which he was elected?

FACTS AND ANALYSIS

In your request for an opinion, you state that the board member here in question is in the process of moving from the district from which he was elected due to a hardship. You ask if the hardship would enable the board member to continue to serve as the representative from the district in which he was elected even though he has moved out of the district.

Amendment No. 537 to the Constitution of Alabama of 19 01 authorized a local act providing for the election of the members of the Board of Education of the City of Attalla in Etowah County. Act No. 91-161, which was enacted pursuant to that authority, provides that the members of the City of Attalla Board of Education be elected by defined school districts and requires that a candidate be a resident of the school board district which he seeks to represent. Code of Alabama 1975, § 36-9-1(3) provides that any office in this state is vacated by the incumbent's ceasing to be a resident of the district for which he was elected. If the city board of education member moves from the district in which he was elected, the provisions of § 36-9-1(3) provide that his office is vacated. There is no exception to the provisions of § 36-9-1(3) for hardship. The question of whether a member has moved and vacated his office is a question of fact. As usual, we do not decide factual questions, and we do not here decide whether a member has moved.

CONCLUSION

Code of Alabama 1975, § 36-9-1(3) provides that any office is vacated by the incumbent's ceasing to be a resident of the district for which he was elected.

I hope this sufficiently answers your question. If our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

JIMMY EVANS Attorney General.

JAMES R. SOLOMON, JR., Chief.