Mississippi Advisory Opinions June 14, 2013: AGO 2013-00197 (June 14, 2013)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: James Hood

SUBJ: Schools

SBCD: 210

TEXT: James M. Hood, Jr., Esquire

Attorney for Houston Separate School District

112 North Jefferson Street

Houston, Mississippi 38851-0246

Re: Vacancy on Board of Trustees of Houston Separate School District

Dear Mr. Hood:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Issues Presented

Your letter states:

I represent the above referenced school district, and a member Mr. Zack Huffman was elected in March 2012 for a term ending January, 2016. His position is from outside added territory, and he has resigned effective June 01, 2013.

I request your opinion on the following questions (statements):

1. Does the City Board make the appointment until the election?

2. Chickasaw County does not have a general election this year (2013).

3. Therefore the next general election to elect a successor is November, 2014, and this election is held by the County Election Commission?

4. Shall persons seeking election qualify for the general election in 2014?

5. Would the person elected in 2014 hold the office for the unexpired term?

Response

After reviewing the applicable statutes and the facts stated in your letter, we are of the opinion that:

(1) The municipal governing authorities make the interim appointment to fill the vacancy in question;

(2) The interim appointee will serve until a trustee is elected to serve the remainder of the term at the next general election which is to be conducted on the first Tuesday after the first Monday of November, 2014;

(3) The General Election in November, 2014 will be conducted by the Chickasaw County Election Commission (the Commission);

(4) Individuals seeking election for the unexpired term will qualify for the 2014 general election to fill the vacancy in question;

(5) The Commission must indicate on the ballot that the persons whose names appear on the ballot are candidates for the unexpired term; and

(6) The person elected will assume the office immediately upon certification of the results and will serve until January, 2016.

Applicable Law

Section 37-7-203 provides in part:

Any person elected from the new trustee election districts constituted herein shall be elected in the manner provided for in Section 37-7-215 for a term of five (5) years. Any vacancy in the office of a trustee elected from such trustee election district, whether occasioned by redistricting or by other cause, shall be filled by appointment of the governing authorities of the municipality, provided that the person so appointed shall serve only until the next general election following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner provided in Section 37-7-215. (Emphasis added)

Section 37-7-215 provides:

All such elections shall be held on the first Tuesday after the first Monday in November of each year and in the same manner as general state and county elections are held and conducted. In the event a runoff is necessary the runoff shall be held three (3) weeks thereafter.

Section 37-7-217 provides:

(1) The county election commissioners shall indicate on the ballot which of the persons whose names appear thereon are candidates for a full term, and which of such persons, if any, are candidates for an unexpired term or terms.

(2) The qualified electors of each school district operating under Section 37-7-215 shall vote on the date specified in that section and at the special trustee election districts.

(3) A person elected shall assume the duties of his office for the full term on the first day of January if the election is for the full term. A person elected to an unexpired term shall assume office immediately.

(4) The county election commissioners shall forthwith certify the results of the election to the superintendent of the municipal separate or special municipal separate school district, as the case may be, which certificate shall be delivered to such superintendent within five (5) days following the first election.

(5) If a person does not receive a majority of the votes cast at the election, a runoff shall be held between the two (2) persons receiving the highest number of votes at the first election. (Emphasis added)

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General.