Mississippi Advisory Opinions January 27, 1993: AGO 000006543 (January 27, 1993)

AGO 000006543.

Dear Mr. Foxworth:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"As attorney for the Columbia School District I have been directed to request your assistance in the interpretation of Section 37-7-203(1) of the Mississippi Code of 1972, as amended. The statute provides in part as follows, to wit:

In the event that the added territory of a municipal separate school district furnishes thirty (30) percent or more of the pupils enrolled in the schools in 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.

The Columbia School District is a municipal separate school district under the statutes and it presently has four trustees appointed by the Board of Aldermen of the City of Columbia, and one trustee elected by the residents living outside of the corporate limits. A recent study has shown that 30.5% of the pupils enrolled in the schools of Columbia School District live outside of the corporate limits. The terms of the presently elected and appointed trustees will expire as follows, to wit:

March, 1993 - The term of the elected trustee from the area outside of the City of Columbia will expire and a new trustee will be elected.

March, 1994 - The term of an appointed trustee will expire.

March, 1995 - The term of an appointed trustee will expire.

March, 1996 - The term of an appointed trustee will expire.

March, 1997 - The term of an appointed trustee will expire.

The superintendent and board of trustees of the Columbia School District have the following questions, to wit:

1. Upon first reaching thirty (30) percent enrollment from the added territory outside the corporate limits, when must the second trustee be elected?

2. How often should a study be conducted to determine the number of pupils enrolled in the school district from the area outside the corporate limits? This question is posed because we have reason to believe that the enrollment from the area outside of the corporate limits will fall below thirty (30) percent next year.

3. Will the addition of a second trustee from the area outside of the corporate limits require approval by the United States Department of Justice?

4. If a second trustee is added from the area outside of the corporate limits, will separate voting districts be required for each trustee?"

In response to your first question, it is the opinion of this office that the second elected trustee must be elected at the first expiration of a term of an appointed trustee which, according to your letter will be in March, 1994.

In response to your second question, in order to insure proper representation, a determination as to the ratio of pupils from the added territory to the overall enrollment should be made at each school session.

In response to your third question, it appears to this office that the addition of a second elected trustee from the area outside of the corporate limits would constitute a change that will require a submission pursuant to Section 5, of the Voting Rights Act of 1965.

In response to your fourth question we know of no statutory requirement that separate voting districts for trustees be established.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY:

Phil Carter Assistant Attorney General PC:mfd