Mississippi Advisory Opinions June 06, 1997: AGO 000012023 (June 6, 1997)

AGO 000012023.

Dear Ms. Clifton:

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

District Five elected a new board member, effective January 1, 1997. This member was a legal resident of the district when elected. Due to a medical necessity, the member will be relocating approximately one mile across the district line to tend to a disabled mother. She will also be assisting her disabled brother who will remain in the house where the member was living when elected. The member has stated that they could be living in either house, depending on the needs of each family member.

I am requesting your opinion to determine if the move will affect the eligibility of the member to continue to serve as District Five member. My desire is the member will continue to be able to serve as the District Five representative due to the fact that the residency requirement was met when elected. The distance involved in the move will not hinder the member's ability to serve the district.

The question of whether an official has "removed" out of the jurisdiction from which she was elected or appointed is one of fact. See MS AG Op., Johnson (January 19, 1996). The Mississippi Supreme Court has held that domicile, once established, continues until removal to another locality with the intent to remain there and abandonment of the old domicile without intent to return. Hubbard v. McKey, 193 So. 2d 129 (Miss. 1966); MS AG Op., Hutto (July 10, 1991). The remaining members of the school board are responsible for making a factual determination of whether the school board member has abandoned her district or is only temporarily away. Of course, such a finding would not preclude a legal challenge on this matter. See MS AG Op., Johnson, supra.

If this office can be of any further assistance, please let us know.

Very truly yours,

MIKE MOORE,

ATTORNEY GENERAL

By: Sandra M. Shelson

Special Assistant Attorney General