Pennsylvania Advisory Opinions December 03, 1913: AGO 21

Advisory Opinion Text

DATE OF ELECTION OF COUNTY .SUPERINTENDENTS.

The Superintendent of Public Instruction should order the election of county superintendents in the year 1914, on the first Tuesday of May, 1914, to serve from the first Monday in June, 1914, to the first Monday of May, 1918.

Sir: This Department is in receipt of your communication of October 20th, asking to be advised with reference to the proper date upon which, you should order the holding of elections of county superintendents of schools in the year 1914.

An examination of sections 1105 and 1106 of the School Code approved May 18, 1911, discloses a legislative intent to provide, as a general proposition, for the election of county superintendents by the school directors of each county, on the second Tuesday of April every fourth year, for terms of four years, to begin on the first Monday of May next following the election.

Under the legislation repealed by the School Code, county superintendents were elected on the first Tuesday of May every third year for terms of three years, to begin on the first Monday of June following the election. As the year 1911 was the regular year under previous legislation for the election of county superintendents, these officers were elected throughout the Commonwealth on the first Tuesday of May, 1911, which date was prior to the approval of the School Code. The terms of the county superintendents elected on the first Tuesday of May, 1911 would, under prior legislation, and on the first Monday of June, 1914. To the end that these terms might not be disturbed, and in order that the new system might be put in operation without any unnecessary confusion, it was provided in Section 1105 of the Code that county superintendents should be elected:

"On the second Tuesday of April one thousand nine hundred and eighteen, and on the same day of every fourth year thereafter * * * to serve for four years from the first Monday of May next following: Provided, That on the first Tuesday of May one thousand nine hundred and fourteen county superintendents shall be elected as herein provided to serve from the first Monday of June one thousand nine hundred and fourteen until the first Monday of May one thousand nine hundred and eighteen."

By following this express provision for putting the new system into operation no confusion will arise and the elections in the year 1918 will be the first regular elections under the new system for electing county superintendents. Although it is provided in Section 1106 of the Code that county superintendents shall give notice of the convention of school directors to be held "for the purpose of electing a county superintendent on the second Tuesday of April one thousand nine hundred and fourteen, and thereafter," etc., it is obvious, when this section is read in connection with the preceding section, that the designation of the year 1914 is erroneous, and that the Legislature intended to make a special provision for the election in the year 1914, by means of the above quoted proviso.

You are accordingly advised that you should order the elections of county superintendents in the year 1914 to be held on the first Tuesday of May, 1914, the superintendents elected on that date to serve from the first Monday of June 1914 to the first Monday of May 1918, and their successors to be elected on the second Tuesday of April, 1918.

Very truly yours,

J. E. B. CUNNINGHAM, First Deputy Attorney General.