Mississippi Advisory Opinions January 28, 1987: AGO 000007746 (January 28, 1987)

AGO 000007746.

Dear Ms. Slaughter-Harvey:

Attorney General Edwin Lloyd Pittman has received your letter and has assigned it to me for research and reply. In your letter you state:

The Mississippi Uniform School Law of 1986, Chapter 492, General Laws of the State of Mississippi of 1986, provides in Section 60 (37-9-13) for new qualifications for superintendent of schools.

The Mississippi Uniform School Law of 1986 does not take effect until July 1, 1987, which date is twenty-six (26) days after the qualifying deadline for candidates in 1987 Party Primaries. The question has arisen as to whether or not Party Primary candidates for County Superintendent of Education must possess the new qualifications outlined in section 60 of the aforementioned Law in order to be duly certified candidates and to serve if elected.

With this letter I am requesting on behalf of the Office of the Secretary of State a formal opinion of the Office of the Attorney General in this matter.

Until June 30, 1987, Miss. Code Ann. 37-9-13 (Supp. 1986) will read as follows:

The county superintendent of education shall be the superintendent of a county-wide district, and of a municipal separate school district embracing an entire county with population of under fifteen thousand (15,000) persons, as provided in subsection (2) of section 37-7-203. In all other school districts the board of trustees shall, on or before January 15 of each year, select the superintendent of the schools of such district, except in those cases where the superintendent has been previously selected and has a contract which is valid for the ensuing scholastic year.

In the case of a municipal separate school district or consolidated school district, the board of trustees thereof shall enter into a contract with the superintendent so selected in the manner provided in this chapter. In the case of a county school district, other than a county-wide district, the board of trustees, not later than February 1, shall notify the county superintendent of education of the superintendent so selected, including in such notification the amount of salary to be paid to such superintendent, and setting forth separately the amount to be paid from minimum education program funds and the amounts, if any, to be paid from other school funds. At the next regular meeting of the county board of education he shall report same to the board of education and such shall be entered in the minutes thereof.

From and after July 1, 1987, this section will read as follows:

(1)Each school district shall have a superintendent of schools, selected in the manner provided by law. No person shall be eligible to the office of superintendent of schools unless such person shall hold a valid Class AA administrator's certificate issued by the State Department of Education and shall have had not less than four (4) years of classroom or administrative experience

(2) No person shall be eligible to hold the office of administrative superintendent unless he shall have the same qualifications as prescribed for superintendents in subsection (1) of this section.

Since the latter statutory provisions take effect on July 1, 1987, it is the opinion of this office that the qualifications set forth therein are applicable to the 1987 primary and general elections to be held in August and November respectively.

Generally, qualifications to make one eligible to be a candidate for public office are required to be met at the time such candidate is elected. Plunkett v.Miller, 162 Miss. 149, 137 So. 737 (1931). Unless there is absolute proof, subject to no contingencies, that a proposed candidate will possess the requisite qualifications on the day of the general election, an election commission or county executive committee could properly refuse to qualify and put such candidates name on the ballot.

Should you have any questions or if we could be of further assistance, please do not hesitate to contact this office.

Very truly yours,

Edwin Lloyd Pittman, Attorney General

By:

John H. Emfinger Special Assistant Attorney General

ELP/JHE/pa