Mississippi Advisory Opinions July 31, 1981: AGO 000004320 (July 31, 1981)

AGO 000004320.

Dear Mr. Rummage:

Attorney General Allain has received your letter of request dated July 24, 1981, and has assigned it to me for research and reply. Your inquiry states as follows:

At present I am serving on the Prentiss County Board of Education as a representative of that county's Fourth District. My term has eighteen months left before its date of expiration. I am planning to move to a different location but will not be leaving the Fourth District by doing so; however, I will also, by the act of moving, be placing myself within a separate school district. I would very much like to finish my term, with the full knowledge that I cannot run for reelection. The point in question is: Will it be legal to continue serving in my present capacity, or shall I be forced to resign?

Mississippi Code Annotated Section 37-7-201 (1972) states the qualifications for members of boards of trustees of school districts 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 district, 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 25-1-59 (1972) addresses vacancies by removal from public offices as follows:

If any state, district, county, county district, or municipal officer during the term of his office shall remove out of the state, district, county, or municipality for which he was elected or appointed, such office shall thereby become vacant and the vacancy be supplied as by law directed. ...

Therefore, if you remove yourself from the territory for which you were elected to serve, you will not be eligible to serve in that office and have thereby vacated said office. A copy of an opinion issued by this office on September 9, 1977, to Mr. W. S. Griffin is attached for your benefit as it relates to a similar matter.

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

SLR:hs Attachment