Montana Attorney General Opinion 15-131

Opinion No. 131 Schools- Contracts- Supedntemlents of Schools-High School Plincipals- Toeachel'S - School Boards - Power of Retil'ing Board - Nepotism - School Districts. HELD: District superintendents of schools may be employed for a period not to exceed three years; a high school principal for a period not to ex- ceed two rears unless the office of superintendent and hi~h school prin- cipal is held by the same person and in that eyent employment may be for term not to exceed three Years' a teacher mar be employed for o'D.e school year. . In absence of some necessity or spe- cial circumstance. all contracts and commitments should be left to new hoard if new hoard can attend to its duties in ample time to protect inter- ests of district. The Nepotism Act applies to school distl~icts and district officials. March 24, 1933. You have requested an opinion from this office on the following questions: "1. For what length of time can a district superintendent be elected? For What length of time can a high school prinCipal be elected? For wha t length of time can a teacher he elect- ed? "2. Oan the board of trustees that is now in office select a city superin- tendent; a high school principal; amI teachers for next year? "3. The nepotism bill as it applies to school districts." Ueplying to question 1. there are a number of proYisions in the statutes relating to district high school super- intendents, district superintendent and high school 'l))'incipal and snperintend- ent and principal. Section 39 of Chapter 148, Laws of HJ31, prm'Wes tha t a district sehool superintendent may be appointed h~' the hoard of trustees. His contract there· after shall be deemed renewed for a further term of one year and succes- si,ely each year thereafter for likp. terms of one year unless the board, in writing, giyes him notice to the con- trary. Sections 62 and (13 of Chapter 148, Laws of 1931, provide that every joint board where there is a joint district and high school combined, shall employ some qualified person to supenise the administration of the county high schools and public :;chools for a term not to exceed two years. Subsections 3, 4, and 5 of Section R3, Chapter 148, Laws of 1931, appear to mOdify Sections 62 and 63 hereto- fore referred to and it would appear that one person might be appointed superintendent and principal or in the lliscretion of the board that there might he a superintendent and a prin- cipal, such offices in the latter case being occupied by two persons. You will note the provision in subsection 3 that the prinCipal may be employed for not to exceed two years and the super- intendent for not to exceed three years. There is no particular term designat- ed for teachers. Section 1075, R. C. 1\:1., 1!)21. as amended by Section 1, Chapter 87. Laws of 1!)27, pro\'ides that any teacher or principal, after being e~­ ployed for the third consecuth'e year, ~hall be deemed re-clected from vear to year at the same salarv unless' ad- yised to the contrary by the board of trustees on or before May 1 of any year. By a review of these general pro- yisions, you will readily see that there is something of a conflict relative to tile employment of prinCipal but as Hubsection 3 of Section 83 of Chapter lAS, Laws of 1nR1, referred to above. authorizes the employment of a super- intendent or a principal for peliods of three years and two years respectively, and as that is the last expression of the legislature on the subject, this of- fice is of the opinion that your district superintendents may be employed for a period not to exceed three years and your high school prinCipals for a period not to exceed two years unless the of- fice of supelintendent and high school princip,'ll is held by the same person and in that event employment ma~' be for a term not to exceed three years. 'Vhile there is no express proviSion in the statute, it is the impression of this office that a teacher may be em- ployed for one school year. Employ- ment for a greater period than one year is not expressly prohibited but OPINIO:\'S O}<' n·HJ A'l'TOH:\'EY GE:\,EHAL superintendents and principals are lim- ited to three or two year terms, re- spectively. They hold the most im- portant positions in the corps of teach- ers and the apparent intent of the law is to gi\-e them a little more considera- tion than the ordinary instructor. In addition, the only reference to a teach- er's term refers to a term of one year. Answer to question 2: In the ab- sence of some necessity or special cir- ('ulllstance, all contracts and commit- ments should be left to the new board. It frequently occurs that new boards a re elected for the specific purpose of !-(c·tting rid of an objectionable instruc- tor and when the electors desire to ac- complish that purpose themselves by the election of a new board, the old hoard should not he permitted to de- fea t such purpose. The powers of a new board and fin old boa I'd are quite fully discussed in an opinion rendered hy this office un- der date of January 9, 1933, and ad- dressed to vour office and we think the authorities referred to in that opin- ion fairly establish the rule that an old hoard should not assume to perform the duties of a new incoming hoard, if the new board can attend to its duties in ample time to protect: the interests of the district. (Op. No. 13.) Answcr to question 3: A school dis- trict is a political subdi\'ision of the state. (State v. Meyers, 65 Mont. 124). 'l'hcrefore, the recent act on nepotism, Chapter 12, Laws of 1933, applies to ;;choo[ districts and school district of- ficials.