Mississippi Advisory Opinions February 10, 1984: 19840210 (February 10, 1984)

Advisory Opinion Text

Honorable Robert O. Allen

Attorney

Lincoln County Board of Supervisors

Post Office Box 828

Brookhaven, Mississippi 39601

Dear Mr. Allen:

Attorney General Pittman has received your letter of request dated February 3, 1984, and has assigned it to me for research and reply. Your inquiry states:

Pursuant to Section 37-29-457, Mississippi Code of 1972, Lincoln County, Mississippi is entitled to six members on the Copiah Lincoln Junior College District Board of Trustees with these Trustees elected according to Section 37-29-65, Mississippi Code of 1972 .

Paragraph 1 of Section 37-29-65 sets forth:

“...the County Superintendent of Education shall be a member, and there shall be one member from each supervisor district...”

At the present time, due to a redistricting plan ordered in the case of Buie, et al. v. Board of Supervisors, et al. , Civil Action No. J 83-0560B, United States District Court, Southern District of Mississippi, the supervisors district lines have been changed so that the composition of the Board of Trustees from Lincoln County, Mississippi now has two members in two supervisor districts and no Trustees from two districts. Obviously the Trustees were duly elected and are serving staggered five (5) year terms, neither of which terms expire this year in the affected districts.

Since the individuals affected were elected prior to the redistricting order, shall they be allowed to fulfill their unexpired term even though they are no longer in the proper district or shall they be required to resign and the Board appoint individuals from the proper district to fulfill the unexpired terms of those resigning?

I am enclosing a copy of an opinion addressed to the Honorable Conrad Mord dated March 17, 1983, which is made a part hereof by reference and which addresses the issues raised by you.

We are of the opinion that all governmental entities are covered by this opinion and that those appointed by the board of supervisors shall continue to serve their full term when the supervisors districts are changed voluntarily or by court order. All subsequent appointments and / or elections of new members to any board affected by the redistricting must be selected or elected from the qualified electors of the new supervisors district which is not presently represented.

If we can be of further assistance to you, please let us know.

Yours very truly,

Edwin Lloyd Pittman, Attorney General