Mississippi Advisory Opinions December 23, 1986: 19861223 (December 23, 1986)

Advisory Opinion Text

Honorable J. Lonnie Smith

Attorney

Picayune Municipal Separate School District

P.O. Draw 1076

Picayune, Mississippi 39466-1076

Schools—Trustee Elections

Dear Mr. Smith:

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

Your letter states:

As attorney for the Board of Trustees of the Picayune Municipal Separate School District, I am writing you for an opinion as to procedure to be followed in the election of trustees in the territory outside the Picayune corporate limits.

The Picayune Municipal Separate School District was created by act of the legislature in the 1950's at the time of the schools' consolidation which was directed at that time. At that time, the trustees were named as provided by statute in which four trustees were named by the Picayune Mayor and Council. The fifth member was elected by the electors living in the school district in the territory outside the Picayune city limits.

Over the years, there has been substantial growth in the population in the territory outside the city limits. At this time, statistics provided by the school administration reflect that approximately forty-one percent of the pupils enrolled in the schools of the district live in the territory outside the corporate limits. By action of the Mayor and Council of the City of Picayune, two trustees will be elected from the territory outside the corporate limits in the March, 1987, election. We believe this to be in compliance with the first paragraph of Section 37-7-203 of the Mississippi Code .

Direction is needed through interpretation of the appropriate statutes as to whether the two trustees to be elected can be elected at large from the territory outside the corporate limits without the necessity of dividing this territory into two districts.

The question posed by your letter arises from the third paragraph of § 37-7-203(1) which partially reads as follows:

In the event that a portion of the 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 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 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 courts....

According to your letter, the Picayune Municipal Separate School District must now elect two trustees from the added territory outside the Picayune corporate limits. In the past only one trustee has been elected from this area. The change is subject to the preclearance requirements of § 5 of the Voting Rights Act of 1965, as amended.

It is the opinion of this office that the submission should be made based upon the intent to elect the trustees at-large from the added territory. However, should the U.S. Attorney General object to such at-large election and specifically request that the trustees be elected from separate election districts within the added territory, it is the further opinion of this office that the governing authorities of Picayune have the authority and responsibility to apportion the added territory into two (2) districts. Of course, the election of the trustees from these newly created districts must be approved by the U.S. Attorney General.

To the extent that this opinion is in conflict with any prior opinion of this office, such prior opinion is hereby withdrawn or modified in a manner consistent with the opinion expressed herein.

Hopefully the above is responsive to your request. If we can be of further assistance, please do not hesitate to contact this office.

Very truly yours,

Edwin Lloyd Pittman Attorney General.