Mississippi Advisory Opinions February 04, 1982: 19820204 (February 04, 1982)

Advisory Opinion Text

Mr. Billy D. Stroupe

Superintendent

Department of Education

North Tippah District

Post Office Box 65

Tiplersville, Mississippi 38674

Re: Schools - Bonds

Dear Mr. Stroupe:

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

Your letter states:

“I would appreciate your opinion on the following matter:

“Is a counter-petition legal? If so, would a counter-petition to that counter-petition be legal?

“I believe your office rendered an opinion on counter-petitions to the Tippah County Election Commission last year, but I haven't been able to talk with anyone who knew the opinion rendered.

“Your prompt reply to this matter will be greatly appreciated.”

We assume your inquiry concerns the Uniform System for Issuance of County Bonds as set forth in Title 19, Chapter 9, Mississippi Code Annotated (1972), as it applies to schools.

Mississippi Code Annotated, Section 19-9-1 (Supp. 1981), provides in part as follows:

“The board of supervisors of any county is authorized to issue negotiable bonds of the county to raise money for the following purposes:

“(f) erecting, repairing, equipping, remodeling or enlarging or assisting or cooperating with another county or other counties in erecting, repairing, equipping, remodeling, or enlarging buildings, and related facilities for an agricultural high school, or agricultural high school-junior college, including gymnasiums, auditoriums, lunchrooms, vocational training buildings, libraries, teachers homes, school barns, garages for transportation vehicles, and purchasing land therefor;”

Mississippi Code Annotated, Section 19-9-11 (1972), provides in part as follows:

“Before issuing any bonds for any of the purposes enumerated in sections 19-9-1, 19-9-3, the board of supervisors shall adopt a resolution declaring its intention so to do, stating the amount of bonds proposed to be issued and the purpose for which the bonds are to be issued, and the date upon which the board proposes to direct the issuance of such bonds. If twenty per cent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county, supervisors district, or road district, as the case may be, shall file a written protest against the issuance of such bonds on or before the date specified in such resolution, then an election on the question of the issuance of such bonds shall be called and held as is provided in sections 19-9-13, 19-9-15.” (Emphasis added)

The Mississippi Supreme Court in Price v. Sims , 116 Miss. 687, 77 So. 649 (1917) in commenting on a petition asking a board of supervisors to issue bonds for the purpose of erecting and equipping a school building and a subsequent petition asking that the board order an election on the question, said:

“. . . This court has uniformly held that signers to a petition addressed to a board of supervisors or a municipality can take their names therefrom by signing a counter-petition. . . .”

The Court, in Validation of Road and Bridge Bonds , 242 Miss. 125, 133 So.2d 267 (1961), in reference to the case of Coleman v. Board of Supervisors of Choctaw County , 216 Miss. 867, 63 So. 533 (1953), said:

“The Board of Supervisors gave notice required by law to qualified electors living in the district, fixing the date for them to object if they desire their representatives on the board to call an election in the district to determine whether or not persons who will be charged with the taxes desire to oppose the issuance of bonds for the benefit set out in the resolution, and when that date has passed, the matter is closed, and no new petitions may be filed, otherwise the matter would be difficult to conclude . On the other hand, parties may always dismiss their lawsuit, their claim, or their objections to a matter submitted to them as citizens and taxpayers. They, however, could not change their position, once having withdrawn or dismissed their claim, so as to file new petitions after the date set by the board of supervisors in the required resolution giving notice to those who desire to object; nor can qualified electors ignore the notice until after the date when objections are permitted to be filed, and then present their names upon a petition. . . . ” (Emphasis added).

In response to your first question, the Mississippi Supreme Court has specifically held that counter-petitions concerning elections on the question of the issuance of bonds are proper.

In response to your second question and based on the above statutes and cases, it is the opinion of this office that persons who wish to withdraw their names from a petition protesting the issuance of bonds may do so up until the time the board of supervisors makes the determination as to whether or not to call an election.

It is our further opinion that persons may add their names to the petition protesting issuance of the bonds only on or before the date specified in the board's resolution for such protest to be filed. Consequently, one who has withdrawn his name from a petition protesting issuance of the bonds may not have his name returned to said petition of protest once the specified date for filing protests has passed.

Very truly yours,

Bill Allain Attorney General.