Mississippi Advisory Opinions January 25, 1994: AGO 000007196 (January 25, 1994)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000007196
Date: Jan. 25, 1994
Advisory Opinion Text
AGO 000007196.
DOCK 1993-1008
AUTH Phil Carter
DATE 19940125
RQNM Tally Riddell
SUBJ Schools - Trustees Elections
SBCD 210
TEXT Actual Text of Opinion
Tally D. Riddell, Esquire
Attorney for Quitman Consolidated
School District
Post Office Box 199
Dear Mr. Riddell:
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 Quitman Consolidated School District, I am writing to obtain the Attorney General's opinion on whether the Board of Supervisors is required, pursuant to Miss. Code Ann. Section 37-7-207, to apportion the school district into single member election districts once a request has been made by the school district.
The facts are as follows: On April 4, 1989, the Board of Trustees of the Quitman School District passed a resolution requesting the Board of Supervisors to change the method of election for board members from at-large to single member districts. The Board of Supervisors was delivered a copy of that request by the undersigned but never acted upon it. On August 26, 1993, the Board of Trustees again passed a resolution to the Board of Supervisors. Copies of each of said resolutions are attached hereto for your information.
Section 37-7-207 speaks in mandatory terms: 'Upon request of the [school board], the Board of Supervisors shall apportion the consolidated school district into five (5) special trustee election districts'. Although the undersigned has discussed this matter with the attorney for the Board of Supervisors and some members of the Board from time to time, nothing has ever been done. The Board of Supervisors has failed to act upon the Board of Trustees' requests. Is the Board of Supervisors required to act upon the request of the school board and apportion the district into five single member election districts?"
As stated in your letter, Mississippi Code Annotated Section 37-7-207 (Revised 1990) provides in part:
"Upon request of the board of trustees of any consolidated school district, the board of supervisors of such county shall apportion the consolidated school district into five (5) special trustee election districts."
In response to your inquiry, it is the opinion of this office that Mississippi Code Annotated Section 37-7-207 (Revised 1990) clearly and specifically requires a county board of supervisors to affirmatively act to apportion a consolidated school district into five (5) special trustee election districts upon the request of the board of trustees of said school district.
Sincerely,
MIKE MOORE ATTORNEY GENERAL
BY: Phil Carter Assistant Attorney General
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