Oregon Advisory Opinions March 02, 1955: OAG 55-18 (March 2, 1955)

Oregon Attorney General Opinions

1955.

OAG 55-18.

---

73

In your letter of February 23, 1955, you refer to ORS 332.150, pertaining to the location of schoolhouses and schoolhouse sites, and you ask:

"I would appreciate your advising me as to whether or not there is any restriction under the law relative to how often the school board of a school district may be subjected to a petition under this statute."

Under the statement of facts submitted by you it appears that recently an election was held in School District No. 26, Clackamas County, to select a school site, at which time a majority of the persons voting selected a particular site, and that site has been purchased by the school board. Within the last 10 days the school board received a petition, signed by one-third of the voters within the district, which requested the school board to "consider relocating the site", and further requested the calling of an election "on relocation" of said school site. You indicated that in your opinion the petition was defective, but that if the petition were in proper form,

"* * * such petition should be honored and such question should be presented to the voters as prescribed under Section 332.150."

Responding to your inquiry, it is my opinion that your analysis of the interpretation to be applied to the statute is correct, and that accordingly the primary question submitted by you should be answered in the negative.

ORS 332.150 provides in part as follows:

"* * * whenever petitioned so to do by one-third of the district voters, the board shall call a meeting at some convenient time and place fixed by the board to vote upon the question of selection, purchase, exchange or sale of a schoolhouse site, or the erection, re

---

74

moval or sale of a schoolhouse. The election shall be conducted and votes canvassed in the same manner as at the annual election of school officers. Three notices of the time, place and purpose of such meeting shall be posted in three public places in the district by the clerk at least 10 days prior to such meeting. If a majority of the voters present at such meeting by vote select a schoolhouse site or favor the purchase, exchange or sale of the schoolhouse, the board shall take action in accordance with the vote. * * *"

It seems clear from a reading of the foregoing statute that if a sufficient petition is presented to the board, it then becomes mandatory upon the board to call the meeting for that purpose and to conduct the election in the manner prescribed by statute. See Opinions of the Attorney General, 1948-1950, p. 155; 1948-1950, p. 39; 1946-1948, p. 177.

For your further information we are enclosing a copy of our opinion No. 2919, dated January 20, 1955, which contains a discussion of the authority to dismiss petitions for school elections. The authorities cited in the said opinion are applicable to your inquiry.

While your particular statement of facts does not expressly concern the "removal" of a schoolhouse, it should be noted that the final sentence of ORS 332.150 expressly provides that

"* * * A schoolhouse so removed cannot again be removed within three years from the date of such meeting."

This latter provision is the only express provision in the statute which places any restriction as to how often the school board of a school district may be subjected to a petition under ORS 332.150.

Except as indicated above, it is my opinion that your inquiry is to be answered in the negative; that is to say, there is no restriction as to how often the school board of a district may be subjected to a petition for the selection, purchase, exchange or sale of a schoolhouse site. Compare Opinions of the Attorney General, 1922-1924, p. 541.