Mississippi Advisory Opinions January 21, 1986: 19860121 (January 21, 1986)

Advisory Opinion Text

Honorable Thomas M. Tubb

Attorney for City of West Point

Post Office Box 324

West Point, Mississippi 39773

Schools-Trustee Elections

Dear Mr. Tubb:

Attorney General Edwin Lloyd Pittman has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“I am attorney for the City of West Point, Mississippi. The Board of Mayor and Selectmen have directed that I request a written opinion on the following question.

“The 1985 Legislature amended Section 37-7-203 of the Mississippi Code of 1972 . This amended code section states in part as follows:

“'In the event that a portion of a county school district is reconstituted in the manner provided by law, into a municipal separate school district with added territory and in the event that the trustees to be elected from separate election districts within the added territory, instead of elected at large, by the Attorney General of the United States as a result of and pursuant to preclearance under Section 5 of the Voting Rights Act of 1965 as amended and extended, and in the event the added territory of a municipal separate school district of a municipality furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then two (2) members of the Board of Trustees shall be residents of the added territory outside the corporate limits of such municipality and shall be elected from special trustee election districts by the qualified electors thereof as herein provided. The governing authorities of such municipality shall apportion the added territory into two (2) special trustee election districts as nearly as possible according to population and other factors heretofore pronounced by the Court.'

“The West Point Municipal Separate School District was created in the 1950's and includes substantial added territory. More than 30% of the pupils enrolled in the schools of the District reside in the added territory. On August 19, 1985, the Attorney General of the United States found no objections to this amendment pursuant to preclearance under the Voting Rights Act of 1965. However, in his letter he makes no specific request that separate election districts be established.

“We request your opinion as to whether the Board of Mayor and Selectmen of the City of West Point are required to apportion the added territory of its separate school district into two special trustee election districts, or may we continue to hold at-large elections.”

We note that your quote of Section 37-7-203 omits certain language. The underlined portion of the quote should read “in the event that the trustees to be elected from the added territory are requested to be elected from separate election districts within the added territory, instead of elected at-large, by the Attorney General of the United States. . .”

In response to your inquiry, it is our opinion that methods and procedures used to elect public officials including members of school boards of trustees cannot be changed unless and until preclearance of a plan to do so in accordance with State law has been obtained under Section 5 of the Voting Rights Act of 1965 as amended and extended.

It is our further opinion that in order to lawfully apportion the added territory of a municipal separate school district pursuant to Section 37-7-203 there are certain conditions which must be met.

First, subsequent to the date Section 37-7-203 was precleared by the U.S. Justice Department (August 19, 1985), a portion of a county school district must be reconstituted into a municipal separate school district with added territory and such reconstitution must be precleared by the U.S. Justice Department.

Second, pursuant to the preclearance of such reconstitution, the Attorney General of the United States must request that the trustees to be elected from the added territory be elected from separate election districts within the added territory.

Third, the added territory as reconstituted and precleared must furnish thirty percent (30%) or more of the pupils enrolled in the schools of such district.

It is our understanding that the above stated conditions have not been met. Therefore, it is the opinion of this office that the trustees election in question must continue to be held on an at-large basis until the stated conditions have been met.

Very truly yours,

Edwin Lloyd Pittman Attorney General.