PROCEEDINGS OF THE SCHOOL BOARD OF THE PARISH OF CONCORDIA, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON TUESDAY, NOVEMBER 28, 1995.

The School Board of the Parish of Concordia, State of Louisiana, met in special session at the Concordia Parish School Board Office, in Vidalia, Louisiana, on Tuesday, November 28, 1995, at five-thirty (5:30) o'clock p.m.  The meeting was called to order by the Honorable Manson E. Nelson, Sr., President, who declared that the Board, after prayer by President Nelson, and the Pledge of Allegiance to the Flag, was ready for the transaction of business.

Members present were the Honorable Manson E. Nelson, Sr., Mr. Eddie L. Coleman, Sr., Mrs. Marie Cowan, Mr. Mike Grantham, Mr. Charles Partridge, Mrs. Georgia Washington, Mr. Lynn White, and Mr. Sam Williams, Jr.

Members absent:          Mr. Arthur A. Arnold

President Nelson stated that the only item of business was the representation of Ward 4A.  He recognized Mr. Norman Magee, attorney for the Board, to discuss the legal requirements related to the district attorney's opinion as stated in a letter from Mr. John F. Johnson, District Attorney for the Seventh Judicial District.  Mr. Magee reviewed the District Attorney's opinion and referred to the pertinent portion of the statutes.  He stated in his opinion the Board was obligated to declare the seat vacant according to law.

It was moved by Mr. Coleman, seconded by Mrs. Washington and carried unanimously to declare the school board position in District 4-A vacant in accordance with the opinion rendered by the Concordia Parish District Attorney in a letter dated November 20, 1995.

It was moved by Mrs. Washington, seconded by Mr. Williams and carried unanimously to

make the letter from the District Attorney a part of the record of the meeting as follows:

                                                                          •••

                                                              November 20, 1995

Rev. Willie Birdon

Box 88

Ferriday, LA 71334

Dear Mr. Birdon:

            I am are [sic] in receipt of your letter dated November 6, 1995, directed to the District Attorney.  You have requested this office to take appropriate action in accordance with LSA-R. S. 672 [sic] et. seq. to remove Mr. Arthur A. Arnold from office as a school board member representing District 4-A.

            The statutes to which you refer require (1) an investigation of your complaint, (2) a written opinion to you and the political subdivision to which the officeholder has been elected, with reasons, as to whether the officeholder meets the residence requirements of his office, and (3) the institution of suit to declare the office vacant if the officeholder no longer meets the residence and domicile requirements of his office.  We are hereby complying with (1) and (2) of the requirements of the statute, but not requirement (3) of the statute.

            The reason this office is not filing suit to declare the office vacant is because LSA-R. S. 18:675 states that the provisions of LSA-R. S. 672 et. seq. shall not be construed as the exclusive procedure for declaration of vacancy in public office and shall not be construed to repeal any other provision of law for the removal of public officers or declaration of vacancy in public office.

            There are specific statutes dealing with school board members who do not possess the domicile or residence requirements for the office:  LSA-R.S. 17:52 E. (2), LSA-R.S. 18:581 (1) and LSA-R.S. 18:602 B.  Under these statutes, a vacancy occurs as a matter of law, without the necessity of a lawsuit, and the school board has a duty to within ten days declare the vacancy and appoint a person who meets the qualifications to the office.

            The facts related in your letter indicate that Mr. Arthur A. Arnold is a member of the Concordia Parish School Board, elected from District 4-A.  Your letter indicates that Mr. Arnold has changed his domicile to a location outside the district from which he was elected.  I investigated the facts and determined through examination of the public conveyance records and through discussion with Mr. Arnold that he in fact does not now live within School Board District 4-A.  The question is what effect this has on his membership with the school board.  Two Attorney General Opinions, 92-384 and 90-585 deal with this situation and both are in accordance with this opinion.

            The law is unambiguous on this point.  LSA-R.S. 17:52 (E) (2) states, in part:

            "The seat of any member who changes his domicile from the district he represents...shall be vacated thereby, any declaration of retention of domicile to the contrary notwithstanding."

            Further, pertinent provisions of the Election Code provide:

            "A 'vacancy'occurs in an elective office...when the person elected to or holding the office no longer meets the residence or domicile requirements of that office, any declaration of retention of domicile to the contrary notwithstanding."  LSA-R.S. 18:581 (1).

            It becomes incumbent upon the parish school board to declare a vacancy in office in these circumstances.  LSA-R.S. 18:602 (B) provides, in part:

            "When a vacancy occurs in the membership of a city or parish school board, the remaining members of the board shall, within ten days, declare that the vacancy has occurred and proceed to appoint a person who meets the qualifications of the office to fill the vacancy.  For the purposes of this Subsection, ...a 'vacancy'...in a parish school board office shall be deemed to have occurred when...in the case of a parish school board, a member changes his domicile from the district he represents..."  (Emphasis added.)

            In accordance with the cited statutory authority, it is the opinion of this office that a vacancy on the parish school board upon which Mr. Arnold served was created when Mr. Arnold changed his domicile from the district from which he was elected.  The law requires the school board to declare a vacancy should these events transpire.

            We hope this interpretation of the law will be of assistance to you.  Should you have further questions regarding this matter, please contract our office.

                                                                                    Yours very truly,

                                                                                    /s/ John F. Johnson

                                                                                    District Attorney

                                                                                    Seventh Judicial District

cc:       Concordia Parish School Board

            Mr. Arthur A. Arnold

            Concordia Sentinel

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     President Nelson stated that anyone wishing to be appointed to fill the vacant seat until a special election could be held should apply by letter to Concordia Parish School Board Office at 508 John Dale Street, P. O. Box 950,  Vidalia, LA 71373, by 4:00 p.m. Friday, December 1, 1995.  The person appointed will serve until a special election is held at the same time as the next congressional or gubernatorial election in accordance with law.

It was moved by Mr. Partridge, seconded by Mr. White and carried unanimously to adjourn at 5:37 p.m.

____________________________                                        ______________________________

James E. Lee, Superintendent                                                   Manson E. Nelson, Sr., President