Mississippi Advisory Opinions February 13, 2004: AGO 2004-0030 (February 13, 2004)

Advisory Opinion Text

Mr. Scott Dearman

Superintendent

Perry County School District

Post Office Box 541

Beaumont, Mississippi 39423

Re: Authority of Superintendent to Make Reassignment

Dear Mr. Dearman:

Attorney General Jim Hood is in receipt of your opinion and has assigned it to me for research and response. In your letter you state:

I was recently elected Superintendent of the Perry County School District. In August I defeated the incumbent and in November I defeated another party candidate.

Prior to the August 2003 election my wife was the Title I Coordinator for the Perry County School District. Because of pressure from the incumbent my wife asked to be reassigned to a regular teaching position. She was granted the reassignment.

I have examined MS Code 37-9-14(s) and MS Code 25-4-105, as well as, others. I am asking for an official opinion to the following question;

May I reassign my wife back to the Title I coordinator position (it was never filled)? She will receive the same salary she is currently receiving. There will be no pecuniary benefit for myself or my wife.

We enclose a copy of three prior opinions, MS AG Op., Maples (August 25, 2000), MS AG Op., Noble (September 21, 1987) and MS AG Op., Chaney (November 14, 1997), which address the issues raised in your letter. The Noble opinion states that:

[t]he reassignment of certificated employees that is contemplated by Section 37-9-14(2)(s) is a lateral reassignment of certificated personnel and not a promotion, as indicated by the facts you present, which is subject to approval by the board of trustees in the manner provided by law.

In the Maples opinion, this office opined that a superintendent may not transfer and promote an employee from a teacher position to a principal position without board approval. Furthermore, the Chaney opinion held that Section 37-9-15 is the statute that governs the recommendation and appointment of other licensed administrators with district wide duties, such as Title I coordinators.

Section 37-9-14(2)(s) specifically states that the superintendent has the authority to make assignment and reassignments of employees as provided in Section 37-9-15. Section 37-9-15 provides:

No later than February 15 of each year, the superintendent of each school district, or such other person designated or authorized by the school board, shall recommend to the school board thereof the assistant superintendents and principals to be employed for each of the schools of the districts except in the case of those assistant superintendents and principals who have been previously employed and who have a contract valid for the ensuing scholastic year. Unless good reason to the contrary exists, the school board shall approve and authorize the employment of the assistant superintendents and principals so recommended. If, for any reason, the school board shall decline to approve an assistant superintendent or principal so recommended, the superintendent or the board's designee shall make additional recommendations for the place or places to be filled.

Therefore, a superintendent may not reassign a teacher to the Title I coordinator position without school board approval. Furthermore, school board approval is required before the superintendent's or other designated person's recommendation for the Title I coordinator may be employed pursuant to Section 37-9-15.

We do not by this opinion consider the question of conflicts of interests under Section 109 of the Mississippi Constitution of 1890 or the Mississippi Ethics in Government Act, codified at Miss. Code Ann., Sections 25-4-101, et seq. (2003) . Please consult the Mississippi Ethics Commission regarding these issues.

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

Sincerely,

Jim Hood Attorney General

Avery Mounger Lee Special Assistant Attorney Generals