Mississippi Advisory Opinions March 02, 2018: AGO 2018-00022 (March 02, 2018)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Roy A'. Perkins

SUBJ: Schools - Trustees

SBCD: 211

TEXT: Roy A'. Perkins, Esquire

Alderman, City of Starkvillle

Post Office Box 678

Starkville, Mississippi 39760-0678

Re: Starkville Oktibbeha Consolidated School District Trustees

Dear Mr. Perkins:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Facts

Pursuant to Mississippi Code Annotated Section 37-7-104.3 (Supp. 2017), the Oktibbeha County School District and the Starkville School District were consolidated into one countywide school district to be designated as the Starkville Oktibbeha Consolidated School District.

You state that a school board member appointed by the Starkville Board of Aldermen is moving or has moved outside the corporate limits of the City of Starkville.

It is our understanding that more than thirty percent (30%) of the pupils of the Starkville Oktibbeha County Consolidated School District reside outside the corporate limits of the City of Starkville.

It is our further understanding that prior to the contemplated move by the member in question from within the corporate limits to outside the corporate limits, there were already two (2) members who reside outside the corporate limits. We also understand that the board member in question has resigned. Therefore, this opinion is for future reference.

Questions and Responses

Question 1 : Can the said School Board Member continue to serve as a member of the Board of Trustees of the Starkville Oktibbeha Consolidated School District?

Response : No.

Question 2 : If said member has in fact moved outside of the corporate limits of the

City of Starkville into the county portion of the Oktibbeha County (outside the city limits), did this member automatically vacate his/her seat on the Board of Trustees of the Starkville Oktibbeha Consolidated School District at the time that he/she moved outside of the corporate limits of the City of Starkville into the county portion of Oktibbeha County (outside the city limits)?

Response : Yes.

Applicable Law and Discussion

Section 37-7-104.3 provides:

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(2)(a) On or before July 1, 2014, the State Board of Education shall serve the local school board of the Starkville School District with notice and instructions regarding the timetable for action to be taken to comply with the administrative consolidation required in this section.

(b) In the new consolidated school district there shall be a countywide municipal separate school district board of trustees, which shall consist of the existing members of the Board of Trustees of the Starkville School District. However, upon the first occurrence of a vacancy on the board as a result of an expired term of an appointed board member, that vacancy shall become an elected position and shall be filled by the election of a board member as follows: the 2016 expiring term board member shall remain in office until January 1, 2017. In November 2016, an election will be held for a board member who resides outside of the incorporated municipal limits in the manner prescribed in Section 37-7-203, and the elected board member will take office for a five-year term beginning January 1, 2017. Subsequent board members shall be selected in the manner prescribed in Section 37-7-203. The Board of Supervisors of Oktibbeha County shall publish notice of the school board elections in some newspaper of general circulation in the county for at least three (3) consecutive weeks. (Emphasis added.)

In regard to your second question, Section 37-7-203(1) specifically provides that “(i)n the event the added territory of a municipal separate school district furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then not more than two members of the board of trustees of such school district shall be residents of the added territory outside the corporate limits.” (Emphasis added.)

The contemplated move by the board member in question would result in three (3) members residing outside the corporate limits. This would be in direct conflict with the statutory requirement that not more than two (2) board members shall reside outside the corporate limits.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General