STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
December 4, 1972
Newell E. Krause
States Attorney, Walworth County
Mobridge, South Dakota 57601
OFFICIAL OPINION NO. 72-64
Incumbent's term of office for independent school district boards.
Dear Mr. Krause:
You have requested an opinion based on the following factual situation:
The 1972 Legislature enacted Chapter 93, reducing terms of independent school board members from five to three years.
13-8-2 reads: In independent school districts there shall be a school board consisting of five, seven or nine members to be elected in accordance with the provisions of Sections 13-8-6 to 13-8-8.21, inclusive, whose terms shall be from one to three years initially, and three years thereafter.
The Independent School Board "A" consists of five members, and was elected as follows:
Member A elected 1972 for five years,
Member B elected 1971 for five years,
Member C elected 1970 for five years,
Member D elected 1969 for five years,
Member E elected 1968 for five years.
The Independent School Board "B" consists of seven members, identified by letter, who were elected as follows:
Member A elected 1972 for five years,
Member B elected 1971 for five years,
Member C elected 1971 for four years,
Member D elected 1969 for four years,
Member E elected 1969 for four years,
Member F elected 1969 for five years,
Member G elected 1969 for five years,
(Member G resigned 1972 and successor was appointed to serve until the 1973 election).
1. Does Chapter 93 of 1972 Session Laws reduce the terms of present members of independent school boards to three years in fact, or do present members continue to serve for the term to which they were originally elected?
2. In a five man board, such as School Board "A," who is up for election in 1973 and for what periods?
3. In a seven man board, such as School Board "B," who is up for election in 1973 and for what periods?
Not being created by the Constitution, it is recognized that the Legislature has the power to establish school boards, abolish them, change their character, or shorten or lengthen the terms of their members.
The revision of SDCL 13-8-2 which increased the school board members and decreased their terms from five years to three years did not specify whether those persons elected for five year terms were to fill them out. Where there are two modes of construing a statute relating to a term of public office, the rule of law is that the mode should be followed which fixes the term at the shortest period. Chamski v. Cowan (1939) 288 Mich. 238, 284 N.W. 711.
Therefore, it is my opinion that in answer to your first question, the present members of the school board are to serve until the next school election, or until they have served three years, whichever comes later, no matter what length of term they were originally elected to serve.
As I read SDCL 13-8-2, it appears that the Legislature set variable terms from one to three years in order that expirations of the terms should be staggered. Therefore, at the next election in 1973, the terms of all those members up for election should be staggered as follows:
In School Board "A" member A's term will expire in 1975. Member B's term will expire in 1974. Members C, D and E's terms will expire in 1973. At the 1973 election, three new members will therefore be elected, one for a one year term, one for a two year term and one for a three year term. School Board “B”, Memebr A will serve until 1975. Members B and C will serve until 1974. Members D, E, F and G will serve until 1973. In the 1973 election, four members will be up for the following terms. One for one year, one for two years, and two for three years.
Respectfully submitted,
Gordon Mydland
Attorney General
