Pennsylvania Advisory Opinions April 22, 1908: AGO 7

Advisory Opinion Text

ELECTION OF COUNTY SUPERINTENDENT.

School Directors in districts established since the first Monday of June, 1907, have the right to vote at the election of County Superintendents on the first Tuesday of May, 1908.

School Directors in a district merged into a city or borough having a borough superintendent by consolidation since the first Monday of June, 1907, -whose terms expire June, 1908, have the right to vote for County Superintendent on the first Tuesday of May, 1908.

Office of the Attorney General, Dr. Nathan O. Schaeffer, Superintendent of Public Instruction, Harrisburg, Pa., Sir: I am in receipt of your letter of today, in which you submit two questions, and ask for an official opinion thereon.

First. Have School Directors in school districts established since the first Monday of June, 1907, the right to vote at the election of County Superintendent, on the first Tuesday of May, 1908?

Second. In case a school district is merged into a city or a borough having a borough superintendent, by consolidation, since the first Monday of June, 1907, have the School Directors merged and whose term of office expire at the expiration of the school year ending June, 1908, the right to vote for County 'Superintendent on the first Tuesday of May, 1908?

I have examined these questions carefully and have been unable to find any decisions of the Courts covering either of them, and I am, therefore, obliged to decide them under the terms of the Acts creating the office of School Director and defining its duties.

The presumption of law is that a public officer elected by the people is entitled to all the privileges of the office held by him during his continuance therein, and that presumption must prevail in the absence of any legislation limiting those power's under particular circumstances.

One of The duties imposed upon a person holding the office of School Director is that every three years he is to meet with his fellow Directors of the County and proceed to elect a. County Superintendent to serve for the next three years. If, for any reason, his right to vote in such an election is questioned, the proper place for the determination of that matter is in the Courts, and any candidate for County Superintendent or other interested person who feels that School Directors not entitled to vote have exercised that function, has a full and adequate remedy at law.

For these reasons I have the honor to submit the following answers to your questions:

First: School Directors regularly elected or appointed who have taken the oath of office and organized in districts established since the first Monday of June, 1907, have the right to vote at the election of county superintendents on the first Tuesday of May, 1908.

Second: School Directors in a school district merged into a city or borough having a borough superintendent by consolidation since the first Monday of June, 1907, and whose terms expire at the end of the school year ending June, 1908, have the right to vote for County Superintendent on the first Tuesday of May, 1908.

Very truly yours,

FREDERIC W. FLEITZ, Deputy Attorney General.