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AGO 1950 No. 221 - February 21, 1950
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Smith Troy | 1941-1952 | Attorney General of Washington

SCHOOLS -- DATES TO BE SET FOR ANNUAL MEETINGS

The first annual meeting for organization of school boards in first class districts shall be held in April in class A and 1st class counties, and in March in all other counties.  In 2nd and 3rd class districts such annual meeting shall be held on the 20th day following the second Tuesday in March in class A and 1st class counties, and on the 20th day after the first Saturday in February in all other counties.

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                                                                February 21, 1950

Honorable Pearl Wanamaker
Superintendent of Public Instruction
Old Capitol Building
Olympia, Washington                                                                                                              Cite as:  AGO 49-51 No. 221

Attn:  Mr. G. W. Van Horn

Dear Madam:

            We have your letter in which you request the opinion of this office on the following question:  When must boards of school directors meet and organize during the year 1950 and the years thereafter?

            Our conclusion may be summarized as follows:

            The first annual meeting for organization of school boards in first class districts shall be held in April in Class A and first class counties, and in March in all other counties.  The first annual meeting for organization in second and third class districts shall be held on the 20th day following the second Tuesday in March in Class A and first class counties, and in all other counties they shall be held on the 20th day after the first Saturday in February.

                                                                     ANALYSIS

            Art. III, sec. 3, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4792) relating to the election of directors of first class districts reads in part as follows:

             [[Orig. Op. Page 2]]

            "* * * The term of office of persons so selected shall begin on the first Monday of the month of January following their election.  At the first meeting of the members of the board in the month of January of each year, they shall elect a president and vice president from among their number who shall serve for a term of one year or until their successors are elected and qualified. * * *"

            Art. III, sec. 9, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4798) reads as follows:

            "The regular meetings of the board of directors shall be held monthly or oftener at such a time as the bylaws of the board may prescribe, but special meetings may be held from time to time as circumstances may demand, at the call of the president or on petition of a majority of the members of the board, and all meetings shall be open to the public unless otherwise specially ordered."

            The following sections of chapter 161, Laws of 1949, changed the date for the regular school elections and provided changes in the dates of commencement of the term of the directors.  Section 1 provides in part as follows:

            "All * * * school district * * * elections * * * shall be held in Class A counties and counties of the first class on the second Tuesday in March, in the year in which they may be called."

            Section 2 reads in part as follows:

            "All school district elections other than in Class A and first class counties * * * shall be held on the first Saturday in February."

            Section 9, chapter 161, Laws of 1949 (5146-1 Rem. Supp. 1949) provides:

             [[Orig. Op. Page 3]]

            "* * * The term of every officer in first, second and third class school districts shall begin on the twentieth day following his election.  * * *"

            It is a well accepted principle of statutory construction that provisions of earlier statutes are not impliedly repealed by a later statute except in so far as they are repugnant to or in contradiction of the provisions of the later act.  Inasmuch as chapter 161, Laws of 1949, makes no reference to the subject of meetings or organizations of boards of school directors, the earlier statutes control to the extent that they are reconcilable with the provisions of chapter 161.

            Accordingly, you are advised that Rem. Rev. Stat. 4792, supra, is impliedly amended to the extent that the term of office of directors of first class districts shall begin in Class A and first class counties 20 days after the second Tuesday in March and in all other counties 20 days after the first Saturday in February.  Since Rem. Rev. Stat. 4792 provides that the first meeting of the directors of districts of the first class shall be held in the month in which their terms begin, by implication their first meeting after the effective date of chapter 161 should be held in the same or next following month as their terms begin under that chapter.  Their terms begin 20 days after the second Tuesday in March, and so the first meeting of directors in first class districts should be late in March or in April in Class A and first class counties.  The first meeting in all other counties should be held 20 days after the first Saturday in February, which would probably put the meeting in March.

            Art. IV, sec. 5, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4815) reads in part as follows:

            "The term of office of directors of districts of the second class shall begin on the fourth Monday next succeeding their election, on which day the directors shall meet at the hour of 2 o'clock P.M., and shall at once organize by electing one of their members as chairman of the board.  * * *"

            Art. IV, sec. 6, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4816) reads as follows:

            "The regular meetings of the board of directors shall occur on the first Friday of each month, and they may hold such  [[Orig. Op. Page 4]] other special or adjourned meetings as they may from time to time determine, or as may be specified in their by-laws.  Special meetings may be called by the chairman or by any two members of the board."

            Art. V, sec. 5, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4827) reads in part as follows:

            "The term of office of directors of districts of the third class shall begin on the fourth Monday next succeeding their election, on which day the directors shall meet at the hour of 2 o'clock P.M., and shall at once organize by electing one of their members as chairman and another as clerk.  * * *"

            Art. V, sec. 6, chap. 97, Laws of 1909 (Rem. Rev. Stat. 4828) reads as follows:

            "A regular meeting of each board of directors of districts of the third class shall be held on the first Saturday of February, May, August and November, and they may hold such other special or adjourned meetings as they may from time to time determine, or as may be specified in their bylaws.  Special meetings may be called by the chairman or by any two members of the board."

            Rem. Rev. Stat. 4815 and 4827, supra, provide that the first annual meetings in second and third class districts shall be held on the day their terms of office begin.  Under chapter 161, those terms begin on the 20th day after the second Tuesday in March in Class A and first class counties, and in all other counties 20 days after the first Saturday in February.

            It is therefore our opinion that the regular and special meetings of the boards of school directors are governed by and shall be held in accordance with Rem. Rev. Stat. 4798, 4816 and 4828.  The first annual meeting for organization of school boards in districts of the first class shall be held in April in  [[Orig. Op. Page 5]] Class A and first class counties and in March in all other counties.  The first annual meeting for organization in second and third class districts shall be held on the 20th day following the second Tuesday in March in Class A and first class counties, and in all other counties on the 20th day after the first Saturday in February.

Very truly yours,

SMITH TROY
Attorney General

LAWRENCE K. McDONELL
Assistant Attorney General

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