Mississippi Advisory Opinions June 13, 2014: AGO 2014-00104 (June 13, 2014)

Advisory Opinion Text

AUTH: Joel R. Jones

RQNM: Willie Griffin

SUBJ: Schools - Districts

SBCD: 180

TEXT: Willie Griffin

Attorney at Law

P.O. Box 189

Greenville, MS 38702-0189

Re: Employment of Interim Superintendent

Dear Mr. Griffin:

Attorney General Jim Hood has received your opinion request and has assigned it to me for research and reply.

Issues Presented

Your request relates to the consolidation of West Bolivar School District, Shaw School District and Benoit School District into a new consolidated school district to be designated as West Bolivar Consolidated School District. Consolidation is required by Miss. Code Ann. Section 37-7-104.1, and is to occur not later than July 1, 2015. Elections for members of the board of trustees for the new consolidated school district have been held, and the newly elected members have taken office. Your question is as follows:

May the trustees employ an interim superintendent to assist them in the performance of their consolidation duties prior to July 1, 2014, and pay fees or salary and other cost associated with the services from the current districts?

Response

The West Bolivar Consolidated School District board of trustees may employ an interim superintendent prior to consolidation on July 1, 2014. Further, the current school districts would be authorized to pay the compensation associated with the employment of an interim superintendent.

Applicable Law and Discussion

Per Miss. Code Ann. Section 37-7-104.1, the three current districts, West Bolivar School District, Shaw School District and Benoit School District (current districts) are to be consolidated into the new consolidated district (successor district) on or before July 1, 2014. The election for the successor district's board of trustees (successor board) was held in November 2013, and the new board members have taken office. According to Section 37-7-104.1 the successor board has certain express duties that must be accomplished prior to consolidation, and it is understandable how other, nonexpressed but essential tasks may arise leading up to consolidation. In MS AG Op, Wright, (January 31, 2014), this Office previously opined that "[t]he successor boards must employ a superintendent prior to July 1, 2014, the date the current boards are abolished and the new districts are established." Consequently, if the successor board is authorized to employ a superintendent of schools prior to July 1, 2014, it has the authority to employ an interim superintendent if the board determines in its best judgment that an interim appointment is necessary. This Office further opined in that the current districts could pay necessary costs or fees incurred by the successor boards related to consolidation, and it is also our opinion that this authority extends to paying compensation related to employment of either an interim or permanent superintendent. See also MS AG Op. Wright, (February 28, 2014), affirming the authority of a successor board to hire an attorney.

Conclusion

The West Bolivar Consolidated School District Board of Trustees may employ an interim superintendent of schools if the Board determines in its best judgment that an interim appointment is needed. Further, the current school districts of West Bolivar, Benoit and Shaw may pay any costs or fees determined to be necessary for the consolidation process, including costs related to employment of an interim superintendent for the new consolidated district.

Sincerely,

JIM HOOD, ATTORNEY GENERAL.

Joel R. Jones, Special Assistant Attorney General.