Dr. J. W. Edgar
Cominissioner of Education
Texas Education Agency
Austin, Texas
Opinion No. C-394
Be: What are the terms of
offi,ce of the first elect-
ed seven trustees of an
independent school district
created pursuant to Article
Dear Dr. Edgar: 2742j, and related questions.
In order that the problem posed by your opinion request
be made as clear as possible, we quote the following from your
letter:
"On April 6, 1963 a common school district
pursuant to provisions of Article 27423, V.C.S.,
voted to become an independent school district.
Thereafter, on Apri1.24, 1963 the County School
Board created it an independent school district
(Del Valle) and appointed seven trustees to serve
as required by that law until the next regular
trustee election, April 4, 1964. Thus, the
tertns,of the seven a pointed trustees normally
expired about April fl , 1964.
"The independent school district had and now
has more than 1,000 scholastics according to its
last scholastic census. Timely and prior to April
4, 1964, that appointed board of trustees by board
action voted to adopt and be governed by the pro-
visions in Article 2775a-1, as last amended. It
provides in part,that where its provisions are
adopted all candidates for school trustee of such
districts shall thereafter be voted upon and elect-
ed separately ,for positions, the candidates to be
designated on the official ballots accprding to
the number of the position to which they seek elec-
tion.
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- .
Dr. J. W. Edgar, page 2 (C-394)
“Neither Article 2742j nor 2775a-1 provide
for or prescribes a procedure for a determination
of the length of term for which the first elected
seven trustees shall serve. We, are advise-
neither before the first elec’tion held Fn April
1964 nor thereafte,r has such a determination yet
been made.
“However, seven positions were printed on the
first election ballot voted in April, 1964; each
position was numbered one through seven consecu-
tively, and seLen candidates’ names were .printed
on the ballot as running respectively for the num-
bered position preceding his name. Furthermore,
write-in candidates were written in by voters for
each so-numbered trustee position. Seven trustees
were thus elected and are currently serving as such.”
At the outset we must observe that Article 2775a-1, Ver-
non’s Civil Statutes, once properly adopted by an independent
school district, is binding upon the said district, since the
statute expressly provides that such adoption action may not be
rescinded by the board of trustees or their successors in office.
Article 2775a-1, Vernon’s Civil Statutes, provides in part
as follows :
‘I At least sixty (60) days prior to
the firs; $lecCion which is governed by this Act
in each district now or hereafter coming within
its provisions, the Board of Trustees shall num-
ber the positions in the order in which the terms
of office expire, the expiring terms which are to
be filled at the first election to be numbered
Position No. 1, Position No. 2, and so on, and the
next succeeding terms expiring to take the next
larger numbers, until all of the positions have
been numbered. . . .‘I
The difficulty with the Del,Valle Independent School Dis-
trict has arisen because ,of the fact that the Board of Trustees
which adopted Article 2775a-1 was an a ointive board, all of
whose terms expired simultaneously on-1964.
April It was
thus impossible for the board to strictly comply with the re-
quirements of Article 2775a-1, quoted above, with regard to the
assignment of position numbers.
This office was informed that on June 8? 1964, the newly
elected Board of Trustees adopted a policy of ‘School Board
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- .
Dr. J. W. Edgar, Page 3 (c-394)
Organization," which set forth the following:
“2 . The term of office of the Trustees
elected to Position No. l'and Position No. 2
in this first election shall be for a period
of one year, and the term of office'of the
Trustees elected'to Position No. 3 and Posi-
tion No. 4 in this first election shall be for
a period of two years. The term of office of
the Trustees elected to Position No. 5, Posi-
tion No, 6, and Position No. 7 shall be for a
period of three years. ,'. ."
There is no statutory basis for the adoption of such a policy and
the terms of trustees are set by law and are not a subject for
policy decisions by a board of trustees. More particularly, this
office has been unable to discover any basis in law for the three-
year terms given to the holders of Positions 5, 6 and 7. For
these and other reasons expressed below, it is the opinion of this
office that the terms of office for trustees adopted by the Del
Valle Independent School District Board of Trustees in its state-
ment of policy of June 8, 1964, are null and void, and such state-
ment of policy can have no force or effect upon the terms of the
trustees.
Article 2775a-1, Vernon's Civil Statutes, does not in it-
self establish any terms for school trustees. Article 2777, Ver-
non's Civil Statutes, is the general enactment establishing
terms for trustees of independent school districts. It reads as
follows:
"The seven candidates receiving the largest
number of votes at the first election, and the
three or four candidates receiving the largest
number of votes at all subsequent elections,
shall be entitled to serve as trustees hereunder.
Those elected at the first election shall deter-
mine by lot the term for which they are to serve.
The four members, drawing numbers one, two, three
and four shall serve for
members drawing the
shall serve two or until the second of
April ---=Y' an until
thereafter, their successors are
elected and qualified; and regularly thereafter
on the first Saturday in April of each year, four
trustees and three trustees, alternately, shall be
elected for a term of two years, to succeed the
trustees whose term shall at that time expire.
The members of the board remaininp after a vacancy
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Dr. J. W. Edgar, page 4 (C-394)
shall fill the same for the unexpired term."
(Emphasis supplied).
To summarize the situation as it now exists in the Del
Valle Independent School District:
(1)~ An appolntive board properly elected to come with-
in the provisions of Article 2775a-1, providing for election
of trustees by position;
(2) In April, 1964, seven trustees~ were elected by
posiyion number, although such positions had not been separated
into original one and two year terms;
(3) In June, 1964, the Board of Trustees adopted a policy
giving one, two and three year terms to various position numbers.
This statement of policy was null and void, and cannot be constru-
ed as properly designating a term for any trustee;
(4) The statutorily-required election of April, 1965, is
rapidly approaching, and no effective determination has been
made as to which trustees must run for office, and which ones
have another year to serve.
Article 2777 provides for those trustees elected at the
first election to determine their position numbers by lot. Al-
though the present trustees purport to have position numbers
already, these numbers were arrived at in a manner inconsistent
with statute and can have no legal effect. Since the board is
now subject to the provisions of Article 2775a-1 and must elect
by position number, and must also comply with Article 2777 as to
terms of trustees, it is obvious that the present trustees should
cast lots to determine their position number. The trustees draw-
ing numbers one, two,, three and four shall serve for only one
year.
Under the particular facts involved in
this opinion, the'Board of Trustees of
the Del Valle Independent School District,
the first board elected, should cast lots
for the determination of place numbers
and terms of office, in accordance with
Article 2777, Vernon's Civil Statutes.
-1858-
Dr. J. W. Edgar, page 5 (c-3g4)
Yours very truly,
WAGGONER CARR
Attorney General
MLQ:ms
-%&u&
. Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Roy B. Johnson
Paul Phy
George Black
APPROVEDFOR THE ATTORNEYGENERAL
By: Stanton Stone
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