Mississippi Advisory Opinions March 08, 2013: AGO 2013-00062 (March 08, 2013)

Advisory Opinion Text

C. Ashley Atkinson

Board Attorney

McComb School District

Box 1266

McComb, MS 39649-1266

Re: McComb School District

Dear Mr. Atkinson:

Attorney General Hood is in receipt of your request for an official opinion and it has been assigned to me for research and reply.

Background and Questions Presented

Your letter states in part:

Board of Trustees of the McComb School District requests your opinion based on the following situation that will occur in the McComb School District.

Senate Bill 2074 2012 Legislative Session has been precleared by the United States Department of Justice on December 7, 2012. This bill has the effect of changing the method of election of our School Board Trustee from the added territory. The term of office for Chris Richardson, the Trustee from the added territory, ends on February 28, 2015. The statute now sets the election date in November with the start of the term on January 1 of the following year. It is unclear from the statute whether the change in election shortens the term of Chris Richardson to January 1, 2015 with the election being held in November, 2014, or extends the term of Chris Richardson to January 1, 2016 with the election being held in November, 2015. The appropriate statutory changes are included as an attachment with this opinion request.

Please provide the Board of Trustees of the McComb School District with your written opinion as to the date on which the term of Ms. Chris Richardson will end.

Response

Ms. Richardson will continue to serve as trustee until the term of the newly elected trustee begins on the first day of January, 2016 following the November, 2015 election.

Applicable Law and Analysis

Senate Bill 2074 (2012) enacted significant amendments to the procedures used in the election of municipal separate school district trustees. Pursuant to correspondence received from the U.S. Department of Justice on September 24, 2012 and December 7, 2012, the Department interposed no objections and the bill became effective on December 7, 2012.

Among other things, SB 2074 changes the timing of elections for municipal separate school districts with added territory. Section 2 of the newly enacted bill amended Miss. Code Ann. Section 37-7-215 and states "all such elections shall be held on the first Tuesday after the first Monday in November of each year in the same manner as general state and county elections are held and conducted."

Prior to the preclearance of SB 2074, municipal separate school district trustees were elected on the first Saturday of March of each year, and the person elected immediately assumed the duties of office. The current law sets the election on the first Monday in November of each year and provides that the person elected assumes his duties on the first of day of January if the election is for the full term. The bill is silent as to whether trustees who would have been up for election in March of their respective election years are now to serve until those persons elected in November take office the following January.

The Mississippi Supreme Court in Guardianship of Albert Jermaine Duckett v. Albert Jermaine Duckett, Walter Williams Jr., and Walter Williams , 991 So.2d 1165 (Miss. 2008) stated:

If a statute is plain and unambiguous, there is no need for this Court to engage in statutory interpretation. Dupree v. Carroll , 967 So.2d 27, 30 (Miss. 2007) (citation omitted). On the other hand, if a statute is ambiguous or silent on a specific issue, statutory interpretation is appropriate. Id. "The primary rule of construction is to ascertain the intent of the legislature from the statute as a whole and from the language used therein." Bailey v. Al-Mefty , 807 So.2d 1203, 1206 (Miss. 2001) (quoting Clark v. State ex rel. Miss. State Med. Ass'n , 381 So.2d 1046, 1048 (Miss. 1980)). But "the [C]ourt, in determining the legislative intent, may look not only to the language used but also to its historical background, its subject matter, and the purposes and objects to be accomplished." Id. "Unthought of results must be avoided if possible, especially if injustice follows, and [ [[an] unwise purpose will not be imputed to the Legislature when a reasonable construction is possible." Evans v. Boyle Flying Serv., Inc. , 680 So.2d 821, 825 (Miss. 1996) (internal quotation and citation omitted). (Emphasis added.)

Conclusion

In order to avoid unintended results such as vacancies in office, we are of the opinion that the legislature intended for trustees currently holding office to continue serving until those elected in November of each respective election year take office on the first day of January following their election. MS AG Op., Rodolfich (March 1, 2013). Therefore, Ms. Richardson will continue to serve until the trustee elected in November, 2015 takes office on the first day of January, 2016.

Please let us know if this office can be of further assistance.

Sincerely,

Jim Hood, Attorney General.

Elizabeth S. Bolin, Special Assistant Attorney General.