Mississippi Advisory Opinions February 03, 1981: AGO 000002217 (February 3, 1981)

AGO 000002217.

Dear Mr. McBeath:

Attorney General Allain has received your letter of request dated January 27, 1981, and has assigned it to me for research and reply. Your inquiry states as follows:

I am requesting a written opinion at your earliest convenience concerning the appointment of municipal- school board members.

We have territory outside the city limits requiring one Board member to be elected Of the four remaining trustees to be ap- pointed by the City, can the City appoint one who lives in the school district rut outside of the city limits?

The qualifications of members of a board of trustees of any school district are provided for in Mississippi Code Annotated upon37-7-201 (1972) as follows:

In order for a person to be eligible to hold the office of trustee of any school district, such person must be a bona fide resident and a qualified elector of such school dis- trict, and, in the case of a school district lying in two or more counties, but not including municipal separate school districts, such person must be a bona fide resident and a qualified elector of the territory entitled to such representation on the board.

Section 37-7-203 (1) (Supp. 1930) recites in part as follows:

The boards of trustees of all municipal separate school dis- tricts created under the provisions of Article I of this chapter, either with or without added territory, shall con- sist of five (5) members, each to be chosen for a term of five (5) years, but so chosen that the term of office of one (1) member shall expire each year.

In the event the added territory of a municipal separate school district furnishes fifteen percent (15%) or more of the pupils enrolled in the schools of such district, then at least one (1) member of the board of trustees of such school district, shall be a resident of the ad- ded territory outside the corporate limits. In the e- vent the added territory of a municipal separate school district furnishes thirty percent (30%) or more of the pupils enrolled in the schools of such district, then not more than two (2) members of the board of trustees of such school district shall be residents of the added territory outside the corporate limits. (Emphasis supplied.)

This section also provides for a general method of election of trustees for a municipal separate school distract that applies where no statutory exception has been made. This method is as follows:

Except as herein otherwise provided, the trustees of such a municipal separate school district shall be elected by a ma- jority of the go-erring authorities of the municipality at the first meeting of the governing authorities held in the month of February of each year, and the term of office of the member so elected shall commence on the first Saturday of March following. In the case of a member of said board of trustees who is required to come from the added terri- tory outside the corporate limits as is above provided, such member of the board of trustees shall be elected by the qualified electors of the school district residing in such added territory outside the corporate limits at the same time and in the same manner as is otherwise provided in this article for the election of trustees of school districts other than municipal separate school districts. (Emphasis supplied.)

It is the opinion of this office this statute imposes a limit of two trustees who are residents of the added territory of a municipal separate school district regardless of the per- centage of students from the added territory. Although the trustees required to come from the added territory are gen- erally elected by residents of the added territory, there is no prohibition in the statutes to prevent the governing authorities of the municipality from appointing a trustee from the added territory so long as the limitation is not exceeded.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Susan L. Runnels Special Assistant Attorney General

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