OFFICIAL OPINION No. 16

OFFICIAL OPINION No. 16 Schools and school directors-Intermediate units-Board of directors-Filling of new vacancies. I. The original intermediate unit board of directors comes into existence when elected. 2. Section 910-A (c) of Act No. 102, 24 P. S. § 9-960 (c) providing that the Board shall serve as a planning committee until July 1, 1971, is merely a statement as to the board's duties and does not affect its status. 3. There being no provision in the Act for an election in April, 1971, the first election will be held in April, 1972, and directors appointed to fill vacancies in accordance with Section 910-A (d), 24 P. S. § 9-960 (d) of the said Act shall serve until April, 1972 convention. OPINIONS OF THE ATTORNEY GENERAL 33 Harrisburg, Pa., March 29, 1971 Dr. David H. Kurtzman Secretary Department of Education Harrisburg, Pennsylvania Dear Dr. Kurtzman: This is in response to your request for advice dated March 26, 1971, relative to the filling of vacancies on intermediate unit boards of directors. It is our opinion that the original intermediate unit board of direc- tors comes into existence when elected and that the provision in Sec- tion 910-A(c) of Act No. 102, 24 P. S. § 9-960(c), approved May 4, 1971 to the effect that it shall serve as a planning committee until July 1, 1971 is merely a statement as to its duties and does not affect its status. However, the Act does not provide for any election in April, 1971 and, in fact, by the language of Section 910-A (b) provides that there shall not be an election in April, 1971, since it states that "Except for the initial election, directors shall be elected annually in April ... " There being no provision for election in April, 1971, the first election will be held in April, 1972, and directors appointed to fill vacancies in accordance with Section 910-A(d) of the said Act shall serve until the April, 1972, convention. Very truly yours, J. SHANE CREAMER, Attorney General.