Mississippi Advisory Opinions December 17, 1982: 19821217 (December 17, 1982)

Advisory Opinion Text

Honorable Robert G. Johnston

Attorney for Bolivar County School District Five

Post Office Drawer J

Cleveland, Mississippi 38732

RE: Schools - Trustees Elections

Dear Mr. Johnston:

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

Your letter states:

“I am respectfully requesting of you your opinion on the legal question hereinafter set forth upon the express direction of the Trustees of Bolivar County School District Number Five and for which district I am attorney. Enclosed is a photocopy of my Retained Contract evincing that I am, in fact, the attorney for this board.

At its regular monthly meeting held on December 9, 1982, the Trustees of Bolivar County School District Number Five, pursuant to motion made, seconded, and by majority vote, and with all members being present, elected one of their number to serve as President for a one-year term and thereafter until his successor was elected. In similar fashion the Trustees elected another of their members to serve as Secretary for a like period of time.

“In taking this action the Trustees relied upon Sections 37-7-231 and 37-37-301(1) of the Mississippi Code of 1972 , Annotated .

“As you know the Trustees serve staggered terms of five years. The term of one of the Trustees will expire on the first day of “January, 1983 and this office will be filled by a different person, the encumbent having not been reelected.

“Your opinion is requested as to whether the Trustees elected as President and Secretary have, as a matter of law, the right to act as such during the said term of one year. Further inquiry is made as to whether or not the board as the same will be reconstituted after the first day of January, 1983 has, as a matter of law, the power to remove these persons from the offices of President and Secretary and elect different persons during the said one-year term.”

Your inquiry concerns, in part, an action already taken by the board of trustees. Therefore, we cannot respond with an official opinion regarding the validity of the election of a president and secretary at the December 9, 1982, meeting of the board. Any opinion of this office could neither validate nor invalidate the board's action. The ultimate determination of the validity of such election is for a court of competent jurisdiction.

However, for your future consideration we offer the following comments.

Mississippi Code Annotated § 37-7-231 (1972) does not specify when the board of trustees are to elect a president and / or a secretary nor does it specify a term that such officers are to serve.

Therefore, it appears that said section contemplates the annual election of a president and secretary after the new member(s) take office.

Very truly yours,

Bill Allain, Attorney General.