Mississippi Advisory Opinions August 08, 1997: AGO 97-0227 (August 08, 1997)

Advisory Opinion Text

Mr. Charles E. Johnson

Superintendent of Education Wilkinson County

P.O. Box 785

Woodville, Mississippi 39669

Re: Appointment of an Interim Superintendent

Dear Superintendent Johnson:

Attorney General Mike Moore has received your opinion request and has assigned it to me for research and reply. In your letter you ask numerous questions surrounding your retirement as superintendent and the subsequent appointment of an interim official. Your questions will answered in the ordered presented.

1. Can a current school board member serve as interim superintendent until an election is held to fill the position?

We have referred this question to the Mississippi Ethics Commission for an opinion.

2. Is the interim superintendent required to be a resident of the county?

This office has previously opined that all superintendents of education must be qualified electors. See MS AG Op., Crawford (October 5, 1987), attached. Therefore, an interim superintendent would have to be a resident of the county.

3. Does the interim superintendent have to meet the same educational requirements as the regular superintendent?

Section 37-5-71 states that superintendents of education, whether appointed or elected, must meet the qualifications prescribed by Section 37-9-13. Section 37-9-13 provides in pertinent part that

[n]o person shall be eligible to the office of superintendent of schools unless such person shall hold a valid Class AA administrator's certificate issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience.

See also MS AG Op., Crawford, supra .

4. What is the minimum length of time that the board of supervisors has to call a special election?

Section 37-5-75, Miss. Code Ann . specifically provides for the filling of vacancies in the office of county superintendent of education. Section 37-5-75 provides:

If a vacancy shall occur in the office of county superintendent of education, such vacancy shall be filled by appointment by the county board of education. If the unexpired term shall exceed six (6) months, it shall be the duty of the board of supervisors of the county to call a special election to fill such vacancy for such unexpired term, which said election shall be called and held in the manner provided by [the Mississippi Election Code, Chapter 495, 1986 Laws of Mississippi]. In such case the person so appointed by the county board of education shall hold office until such election is held and the person elected thereat shall qualify and enter upon the discharge of his duties.

Thus, the county board of education shall appoint an interim superintendent to serve the remainder of the unexpired term, or until a successor is elected. If the term is longer than six (6) months the board of supervisors must then call a special election in order to elect a replacement. See MS AG Op., McRae (January 26, 1989), attached.

5. Can a school board member, who submits his resignation to take effect sixty days into the future, legally vote for the individual who is to replace him?

In order for a school board member to be appointed, a vacancy must exist. Therefore, the current school board member would have to have resigned in order for the appointment to be made, and would not be a member of the board at the time the appointment is voted on.

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

Very truly yours,

Mike Moore Attorney General

Sandra M. Shelson Special Assistant Attorney General.