Alabama Advisory Opinions August 26, 1980: AGO 80-00522 (August 26, 1980)

Advisory Opinion Text

Lee L. Hale Deputy Attorney General

Walter B. Turner Chief Assistant Attorney General

William M. Bekurs, Jr. Executive Assistant

Janie Nobles Administrative Assistant

Honorable David E. Lee, Mayor

City of Jacksonville

Jacksonville, Alabama 36265

Municipalities - City Boards of Education - Elections

Act No. 469, Acts of Alabama 1979, page 859, which provides for the election of Jacksonville City Board of Education, requires that each member be elected at the general election immediately prior to the expiration of the term for which he is running.

Dear Mayor Lee:

I have received the resolution of Jacksonville City Council in which is requested an Attorney General's opinion construing Act No. 469, Acts of Alabama 1979, page 859. Section 1 of Act 469 provides in pertinent part as follows:

...[T]he city board of education shall consist of five members who shall be elected by the qualified electors of the city at large at the general election immediately before the expiration of the term of office of any current member or members of the board. The members shall continue to be elected for staggered terms of five years upon the expiration of the term of any current member. The places on the board shall be numbered 1 through 5 as the terms of any current members expire, and each candidate, upon qualifying, shall designate the place that the candidate is seeking.

The provisions of this Act clearly provide that members are to continue to serve staggered terms with one seat becoming vacant each year. Members are to be elected in the State's general election, rather than at municipal elections. Each member should be elected at the first general election prior to the expiration of that member's term.

You should be aware that the Supreme Court of Alabama held in Peddycoart v. City of Birmingham , 354 So.2d 808 (Ala. 1978), decided January 13, 1978, that population bracketing may not be used to avoid the requirements of the Constitution of Alabama 1901, §106, relating to advertising local acts, and that all legislation enacted thereafter which is local in application would be considered a local act and subject to all the constitutional qualifications applicable thereto. For this reason, there is a possibility that Act No. 469 would be declared unconstitutional and thus void if tested in the courts.

I hope this answers your questions. If I or this office can be of further assistance, please do not hesitate to call on us.

Sincerely,

CHARLES A. GRADDICK ATTORNEY GENERAL

RONALD C. FOREHAND ASSISTANT ATTORNEY GENERAL