Mississippi Advisory Opinions November 15, 2002: AGO 000015343 (November 15, 2002)

AGO 000015343.

Dear Mr. Pope:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and response. Your letter reads as follows:

I represent the Perry County Board of Education ("the Board"). The Board is presently composed of five (5) members who represent five (5) single member education districts which were apportioned by the Perry County Board of Supervisors in accordance with Miss. Code Ann. Section 37-5-1. The Richton School District is also located in Perry County, so the Perry County School District does not encompass the entire county.

As you know, Miss. Code Ann. Section 37-5-1 was amended by the 2002 session of the Mississippi legislature to provide that after U.S. Justice Department approval (which occurred July 22, 2002) "the county board of education shall apportion the county school district into five (5) single member board of education districts." The Perry County Board of Education has begun that process, having recently retained a consultant to assist the Board in preparing new districts.

Because the Board only recently retained the consultant, and because I expect the process of coming up with new district will take several months . . . . the upcoming election of District 5's board member will be held as scheduled on November 5, 2002, using the existing boundaries of District 5. . . .

Assuming that the boundaries for school board member District 5 change as a result of this redistricting, should the school board member elected to represent District in the November 5, 2002, election serve until January, 2009 (since the next regularly scheduled election for District 5's school board member would be held in November, 2008 (under Miss. Code Ann. Section 37-5-7, "members shall be elected at general elections as vacancies occur for six (6) years each.") or should another election for District 5 (using the new District 5 boundaries) be held prior to November, 2008. If such an election for District 5 (using the new District 5 boundaries) should be held prior to November 2008, when should such an election be held?

In addition, assuming there are changes to the other four school board member districts as a result of the redistricting (i.e., Districts 1, 2, 3, and 4), should elections for those districts simply be held as scheduled under Miss. Code Ann. Section 37-5-7 using the new boundaries, or should they be held at some other time (for example, in November, 2003).

I would appreciate your giving the Board some guidance on these questions.

* * * * *

It is the opinion of this office that the individual elected on November 5, 2002, should serve the full term of six (6) years, even if the district boundaries are changed by the board of trustees pursuant to Section 37-5-1. In November of 2008, an election will be held for that District on new boundaries. The remaining members of the board should continue to serve their existing terms as well. If the boundaries of any district are changed, the next regular election for that district should be held on the new district boundary lines. We are aware of no requirement under state law which would require elections be held sooner than regularly scheduled.

If our office may be of further assistance, please advise.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

By:

Heather P. Wagner

Assistant Attorney General