Mississippi Advisory Opinions February 14, 1997: AGO 97-0049 (February 14, 1997)

Advisory Opinion Text

Hon. Samuel Jones

President

North Bolivar School District

P.O. Box 530

Shelby, Mississippi 38774

Dear Mr. Jones:

Attorney General Mike Moore has received your request for an official opinion and has assigned it to me for research and reply. In your letter you state:

The North Bolivar School Board has a vacancy on its board, created by an expired term. An election was held, but due to certain irregularities, was not certified by the Election Commission. Please advise if this board has legal authority to fill this vacancy with either its incumbent member or the opposing candidate, even though neither was officially elected. Also advise if this matter should be in open or executive session.

North Bolivar School District is a consolidated school district. Section 37-7-207, Miss. Code Ann . provides a procedure to fill vacancies in consolidated school districts:

All vacancies which may occur during a term shall be filled by appointment of the consolidated school district trustees, but the person so appointed shall serve only until the next general election following such appointment, at which time and in the same manner as a trustee is elected for the full term then expiring. The person so elected to the unexpired term shall take office immediately. Said appointee shall be selected from qualified electors of the district in which the vacancy occurs.

Therefore, it is the opinion of this office that the board of trustees shall make an appointment to fill the vacancy on the board. The appointee shall be a qualified elector of the district. The appointee shall hold this office until the time of the next general election which is November, 1998. Since this appointment is of an officer and not an employee, it is not a personnel matter. It can not, therefore, be taken up in executive session.

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.