Mississippi Advisory Opinions January 23, 1992: AGO 000005599 (January 23, 1992)

AGO 000005599.

Dear Mr. Campbell:

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 Leland School District ("the District") I am requesting an official opinion regarding the effect of redistricting on the term of a member of the District's Board of Trustees, all of whom are elected.

As a result of the 1990 Census, the District's five wards (A through E) were redrawn. The District's redistricting plan was submitted to the United States Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended; on August 21, 1991, the Unites States Attorney General issued its letter of pre-clearance.

Prior to August 21, 1991, the District's trustee representing Ward E signed a contract to purchase a new residence. That trustee's former residence was in Ward E; similarly, the prospective residence was in Ward E as that ward existed prior to redistricting. As a result of redistricting the former residence remained in Ward E, but the prospective residence was in a different ward (Ward D). After pre-clearance (8-21- 91), the trustee closed the purchase of the new residence and moved into that residence, where she now resides -- in Ward D.

The election of the trustee for Ward D was held in November, 1991. Significantly, the qualifying deadline for that election expired before the trustee moved to her new residence (in Ward D). Therefore she was never eligible to run for that position.

The trustee no longer resides within the ward she represents (Ward E). But her new residence was in Ward E at the time she signed the contract to purchase that residence. More importantly, before she moved from Ward E the qualifying deadline for Ward D's election expired. Under those unusual circumstances is she qualified to continue in office as the trustee for Ward E, notwithstanding Miss. Code Ann. Section 25-1-59 (1972), as amended?"

It is our understanding that the Leland School District is a consolidated school district whose trustees are elected from special trustee election districts pursuant to Mississippi Code Annotated Section 37-7-207 (Revised 1990). It provides in part:

".... The five (5) members of the board of trustees of such consolidated school district shall be elected from special trustee election districts by the qualified electors thereof, as herein provided. Upon request of the board of trustees of any consolidated school district, the board of supervisors of such county shall apportion the consolidated school district into five (5) special trustee election districts. The board of supervisors shall place upon its minutes the boundaries determined for the new five (5) trustee election districts. The board of supervisors shall thereafter publish the same in a newspaper of general circulation within said school district for at least three (3) consecutive weeks; and after having given notice of publication and recording the same upon the minutes of the board of supervisors, said new district lines shall thereafter be effective.

On the first Tuesday after the first Monday in November, in any year in which any consolidated school district shall elect to utilize the authority to create single member election districts, an election shall be held in each such district in this state for the purpose of electing the board of trustees of such district. At said election the member of the said board from District One shall be elected for a term of one (1) year, the member from District Two shall be elected for a term of two (2) years, the member from District Three shall be elected for a term of three (3) years, the member from District Four shall be elected for a term of four (4) years, and the member from District Five shall be elected for a term of five (5) years...."

Section 25-1-59 provides in part:

"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...."

It is the opinion of this office that the publication requirements of Section 37-7-207 are applicable to any changes in the boundaries of the special trustee election districts.

In a telephone conversation on January 17, 1992, you informed this office that the Washington County Board of Supervisors has not completed the publication requirements of Section 37-7-207. It is, therefore, the opinion of this office that the new district lines will become effective upon the completion of the publication requirements of Section 37-7-207.

Based on the above stated conclusion, the move by the trustee in question was, in fact, a move within the special trustee election district for which she was elected (Ward E). Therefore, since she did not remove herself from the district for which she was elected, it is our opinion that she is entitled to serve the remainder of her term. This is consistent with our opinion to Ms. Pearl Mills, dated December 13, 1989 (copy enclosed).

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd Enclosure