Mississippi Advisory Opinions April 21, 1993: AGO 000009081 (April 21, 1993)

AGO 000009081.

Dear Mr. Foxworth:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states: "On January 27, 1993, you responded to my letter of January 7, 1993, answering certain questions with respect to Section 37-7-203(1) of the Mississippi Code of 1972, as amended. The Columbia School District has now requested that I obtain clarification from your office for one other situation related to the aforesaid section. I your letter of January 27, 1993, you advised that a second trustee from the area outside of the corporate limits should be elected for the term beginning March 19, 1994, if the enrollment from the area outside of the corporate limits exceeds 30% or above at the beginning of the school year. It has come to our attention that the trustee whose term expires March 1996, may resign because of his work schedule. If this resignation occurs, before the end of the year of 1993, then will this position need to be filled by the second trustee from the area outside the city or should we continue to plan for the second trustee to be elected for the position that will begin in March of 1994?" In response to your inquiry it is the opinion of this office that, should there be a vacancy on the school board prior to the required addition of the second trustee from the added territory outside the corporate limits as outlined in our opinion to you of January 27, 1993, that vacancy would be filled by appointing a qualified elector of said added territory. Said appointee would serve until the first Saturday in March, 1994 at which time an election to fill the remainder of the term would be conducted in accordance with Mississippi Code Annotated upon 37-7-203 (Revised 1990) which provides in part: "All vacancies shall be filled for the unexpired terms by appointment of the governing authorities of the municipality; except that in the case of the trustees coming from the added territory outside the corporate limits, the person so appointed shall serve only until the first Saturday of March following his appointment, at which time a person shall be elected for the remainder of the unexpired term in the manner otherwise provided herein."

Sincerely, MIKE MOORE, ATTORNEY GENERAL BY: Phil Carter Assistant Attorney General PC:mfd Enclosure