Mississippi Advisory Opinions September 20, 1989: 19890920 (September 20, 1989)

Advisory Opinion Text

Walter Brown, Esquire

City Attorney

City of Natchez

Post Office Box 1185

Natchez, MS 39120

John E. Mulhearn, Jr., Esquire

County Attorney

Post Office Box 967

Natchez, MS 39121

Dear Sirs:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter, a copy of which is attached hereto without attachments and incorporated herein by reference, sets forth the procedural history of the creation of the Natchez–Adams County Special Municipal Separate School District and the five member appointed board and seeks an opinion on the following questions:

(a) Whether each of said local governing authorities of the County and City may rescind and/or amend their 1957 order and resolution so as to provide for an elected board rather than an appointive board under the aforesaid statutes and other related statutes appertaining to special municipal separate school districts which have previously been administered by an appointed board.

(b) If the answer is in the affirmative, when can such election be held, and under what statutory authority would such election be conducted.

(c) Would the change in the manner of selecting trustees require submission of the same to the Justice Department under the Voting Rights Act of 1965.

The Mississippi Legislature has provided for three methods of selecting school trustees in special municipal separate school districts which embrace the entire county. The method to be utilized is determined by whether a majority of the inhabitants of the county reside within or outside the corporate limits of the particular municipality.

Under Section 37–7–703, if a majority of the inhabitants reside within the municipality, the trustees are to be chosen and selected in accordance with Section 37–7–203(1). This section provides for an appointive-elective method where the trustees from the city are appointed and the trustee, or trustees from the area outside the city are elected.

Two different trustees selection procedures are authorized for special municipal separate school districts where a majority of the inhabitants reside outside the county. They can be elected from the county at large as provided in Section 37–7–713, Miss.Code of 1972, or they can be selected in accordance with the agreement method authorized by Sections 37–7–715 and 37–7–717. These code provisions permit the governing authorities of the municipality and the county board of supervisors to provide for the selection of trustees by written agreement in accordance with either Sections 37–7–717(a), 37–7–717(b) or 37–7–717(c). Under subsection (a), all the trustees are appointed; under subsection (b), the trustees are elected by supervisor districts; and, under subsection (c), they are elected in accordance with Section 37–7–713 which requires the election of trustees from the county at large.

By prior opinion of June 23, 1988 to Dr. Frank I. Lovell, Jr., this office determined that, absent a prohibition contained in the original agreement, the governing authorities can change the method of selecting trustees. A copy of the above opinion, which is hereby reaffirmed and readopted is enclosed herein.

Notwithstanding the above authority to change the method of selecting trustees, it is the opinion of this office that any such change would be governed by the requirements of Sections 37–7–703 and 37–7–705. Accordingly, if at the time the governing authorities of Natchez and Adams County decide to change the method of selecting trustees, a majority of the inhabitants of the school district reside within the corporate limits of the City of Natchez, then the only available method of selecting trustees would be the appointive-elective method provided for by Section 37–7–203, Miss.Code of 1972 . According to the 1980 federal census, a majority of the inhabitants of Adams County do reside within the City of Natchez. Therefore, the trustee selection method authorized by Section 37–7–203 is the only other method available if a change were to be made at this time.

Your remaining questions concern the time for holding any such elections and whether the change in selection procedure is subject to Section 5 of the Voting Rights Act. Under Sections 37–7–203 and 37–7–215, the appointed trustees are appointed at the first meeting of the municipal governing authorities in February of each year, and the elected members from outside the municipality are elected on the first Saturday of March of each year. The number of trustees to be elected from the area outside the municipality is determined by the percentage of pupils enrolled in the schools of the district that reside in the area outside the municipality.

Finally, any such change in the method of selecting the trustees of the Natchez–Adams School District who have to be precleared under Section 5 of the Voting Rights Act, as amended and extended (42 U.S.C. § 1973c).

Sincerely,

Mike Moore Attorney General.

ATTACHMENT

November 1, 1988

Hon. Mike Moore

Attorney General

State of Mississippi

Post Office Box 220

Jackson, Mississippi 39205

Re: Natchez Special Municipal Separate School District

Dear General Moore:

This office represents the City of Natchez. We are submitting this opinion request on behalf of the Mayor and Board of Aldermen of the City of Natchez and also on behalf of the Board of Supervisors of Adams County, represented by Honorable John E. Mulhearn, Jr.

In 1957, pursuant to Chapter 296 of the Laws of Mississippi, 1956 (now Section 37–7–701 of the Mississippi Code), the Natchez Special Municipal Separate School District was formed, and the Board of Aldermen of the City of Natchez and the Board of Supervisors of Adams County did adopt orders respectively consolidating, reconstituting and creating the Natchez–Adams County Special Municipal Separate School District.

Thereafter, each of said Boards did by proper resolution and order determine the manner of selecting the trustees pursuant to Section 37–7–717(a), said Boards entering into an agreement which provides for a five member appointed Board, three members to be appointed by the City and two members to be appointed by the County.

Each of said Boards is now considering rescinding its original order and resolution of 1957 respectively or to amend the same and to provide that in lieu of an appointive Board of Trustees of the School District that each of said Board of Trustee members be elected, five in number, one from each supervisor's district, the same to be elected at the next election.

The purpose of this letter is to ask for an opinion of your office as to:

(a) Whether each of said local governing authorities of the County and City may rescind and/or amend their 1957 order and resolution so as to provide for an elected board rather than an appointive board under the aforesaid statutes and other related statutes appertaining to special municipal separate school districts which have previously been administered by an appointed board.

(b) If the answer is in the affirmative, when can such election be held, and under what statutory authority would such election be conducted.

(c) Would the change in the manner of selecting trustees require submission of the same to the Justice Department under the Voting Rights Act of 1965.

I am enclosing herewith for reference copies of the 1957 proceedings and order and resolution of the City of Natchez and Adams County as to the original selection of trustees.

I am also enclosing three cases which the 1957 change produced involving this subject and the local school districts.

Very truly yours, CITY OF NATCHEZ ADAMS COUNTY MISSISSIPPI.