Mississippi Advisory Opinions August 24, 1981: AGO 000004319 (August 24, 1981)

AGO 000004319.

Dear Mr. Robertshaw:

Attorney General Allain has received your letter of request dated August 14, 1981, and has assigned it to me for research and reply. Your inquiry states as follows:

Under Chapter 409, Laws of 1981, dealing with the election of trustees, Section 37-7-223, Mississippi Code of 1972, now provides that the election of trustees for line consolidated school districts shall be held on the first Tuesday after the first Monday in November, instead of the first Saturday in March. Section 37-7-207(2) provides that such trustees

"...shall be elected as is provided for in Sections 37- 7-223 to 37-7-229, for a term of five (5) years...."

Neither the present statute nor the former statute provides "or until his successor takes office," or language of similar import.

Mr. Ivory Walker was elected on the first Saturday in March in 1977 for a five-year term expiring March 6, 1982. Is the election for his position to be held November 10, 1981, or November 9, 1982?

You are correct that Section 37-7-207(2) prior to being amended by S.B. 2189 of the 1981 Legislature provided that trustees were to be elected for terms of five years. Further, under that statute trustees held office until the first Saturday of March.

However, Section 37-7-207(2) as amended by S.B. 2189 provides that the original trustees in consolidated districts embracing two or more counties be appointed to serve until the first Saturday in March and thereafter shall be elected as is provided in Sections 37-7-223 to -229 for a term of five years. In an opinion rendered by this office to Mr. Billy D. Stroupe on August 14, 1981, we construed these amended Code sections and determined Section 37-7-227 controlled as to the time of taking office. See a copy of this opinion which has been attached for your benefit.

As stated in 63 Am.Jur. 2d Public Officers and Employees, Section 147, "There is no doubt of the power of the legislature which creates an office to abolish it or to change it, and the legislature may shorten or lengthen the term of the office itself, in the absence of constitutional inhibition." Further, by abolishing a public office the Legislature does not deprive an incumbent of any constitutional rights for he has no contractual right or property right in his office as he accepts it with the understanding that it may be abolished at any time. Id., Section 34.

It is our opinion the same rationale applies to shortening a term o f office by the Legislature. The office of trustee of a consolidated or a line consolidated district is not a creature of the Constitution and is controlled by the Legislature. The amended statute creates an ambiguity in that it is not clear when the terms of trustees now serving would end. Statutes should, if possible, be given a construction which will produce reasonable results, and not uncertainty and confusion. Kellum v. Johnson, 237 Miss. 580, 115 So.2d 147 (1959). It is our opinion that the Legislature intended for such a trustee's term to end January 1 of the fourth year of his term which is roughly two months less than five years rather than January 1 of the fifth year of his term which is five years, ten months. Therefore, the election of Mr. Walker's position should be held November 3, 1981, and he would take office January 1, 1982.

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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