Mississippi Advisory Opinions September 15, 1981: AGO 000003158 (September 15, 1981)

AGO 000003158.

Dear Mr. Henderson:

Attorney General Allain has received your letter of request dated September 10, 1981, and has assigned it to me for research and reply. Your inquiry states as follows:

We appreciate the information your office has furnished us in regard to the requirements of Section 37-7-225, Mississippi Code of 1972, Supplement 1980, with respect to the election of Trustees for consolidated school districts. As you know, the Board of Supervisors must provide funds for the holding of the election of a new Trustee. I approached the Board's attorney in this regard and he was of the opinion that the above quoted section did not apply to West Tallahatchie School District nor the East Tallahatchie School District for the reason these districts lie wholly or partially in a levee district. See attached Chapter 304, House Bill No. 8, General Laws of the State of Mississippi, 1960.

Are the above named districts excepted from the provisions of the above quoted section as the Board Attorney suggested? 1960 Miss. Gen. Laws, ch. 304, upon1, to which you refer, was codified as Miss. Code Ann. upon37-7-221 (1972) However, S. B. 2189, passed by the 1981 Mississippi Legislature, amended this section to read as follows:

The election of consolidated or consolidated line school district trustees shall be held in the manner provided for in sections 37-7-223 to 37-7-229 rather than a method now provided by sections 37-7-209 to 37-7-219.

The Legislature allowed for no exceptions in the manner of holding elections for consolidated or consolidated line school district trustees.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Susan L. Runnels Special Assistant Attorney General

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