Mississippi Advisory Opinions February 14, 1989: AGO 000008652 (February 14, 1989)

AGO 000008652.

Dear Mr. McRae:

Attorney General Mike Moore has received your letter requesting an opinion and has assigned it to me for research and reply.

Your letter states as follows, to-wit:

As a result of the Supreme Court's ruling on Section 109 of the Constitution, two board members resigned in June 1988 of this year. Their term will expire December 31, 1988. One was a member-at-large and the other was for a specific district.

House Bill 1127 was approved by the Justice Department on August 9, 1988, abolishing all members-at-large positions and require the District to reapportion into single member district. St was too late to have Jackson County redistricted for the November election. The School Board has now under its discretionary powers submitted to the Board of Supervisors to redistrict the county so that there will be no at-large members. We presume that this will be done shortly. The question remains, does the at-large member stay in office until the election in November, 1989?

While it is not specifically stated in your letter, we understand from earlier telephone conversations that an individual was appointed to the at-large board member's position following the June 1988 resignations. Therefore, your question is whether, under the above set out facts, the appointed school board member can continue to hold office until the election in November 1989?

By opinion dated January 26, 1989 to Peggy Staten, Circuit Clerk of Pearl River County, Mississippi, a copy of which opinion is enclosed, this office determined that county school board members hold their offices until their successors are elected and qualified according to law.

Therefore, if no one was elected at the November 1988 Regular Election to replace the at-large county school board member, that official should continue to hold office until January 1990 when the county school board members elected under the new redistricting plan will take office.

We hope the above is responsive to your inquiry.

Sincerely,

Mike Moore, Attorney General

By: Giles W. Bryant Special Assistant Attorney General

/jw enc.