Mississippi Advisory Opinions June 17, 1991: AGO 000005200 (June 17, 1991)

AGO 000005200.

Dear Mr. Griffith:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"As attorney for the Bolivar County Board of Supervisors, I am requesting an official opinion regarding the effect of the 1990 census and reapportionment upon the terms of elected officials. At the present time Bolivar County has one school district which has just elected five trustees as provided for in Section 37-7-207. A few months after these five trustees were elected, the 1990 census data became available and it appears that redistricting will be required . Our question concerns the effect of redistricting upon the terms of office of the five recently elected trustees. Do they continue to serve their staggered terms from one to five years, or does the need to redistrict require that all trustees leave office for a new election from newly drawn districts?

I have seen a copy of the official opinion in your December 13, 1989 letter to Ms. Pear Mills, a copy of which is enclosed. That opinion seems to answer my question by implication, but I would appreciate an express statement from you."

Please see the enclosed copy of an opinion addressed to Michael D. Cooke, dated June 6, 1991. In summary that opinion states that the individuals elected in November, 1990 to serve as trustees of a new Special Municipal Separate School District which will not come into being until July 1, 1991 are entitled to serve their respective terms beginning on that date despite the fact that the 1990 census indicates that the supervisors districts from which they were elected will have to be redrawn. Likewise, it is our opinion that the recently elected trustees described in your letter are entitled to serve their respective terms.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General

PC:mfd Enclosure