January 6, 2000

Civil Division-Kent County (739-7641)
 
 
 

The Honorable Valerie A. Woodruff

Acting Secretary

Department of Education

P.O. Box 1402

Dover, DE 19903
 

Dear Acting Secretary Woodruff:
 

On June 17, 1999, then Secretary of Education, Iris T. Metts, Ed.D., requested a formal Opinion of the Attorney General. Specifically, Dr. Metts asked whether a member of the Christina School Board is eligible to retain his or her board seat if he or she moves from the nominating district from which they were elected to another nominating district within the school district? We apologize for the delay in responding to your request, but there are some peculiarities in the law about which we wished to be certain. For the reasons set forth below, we conclude that a member of the Christina School District Board of Education does not forfeit his or her seat by moving from one nominating district to another.
 

Candidates for election to the Christina School District Board of Education are nominated from seven nominating districts, but elected at large by all of the voters in the school district. Fourteen Del.C. Sec.1066(e)(5) provides that a nominee for election "must be a resident of the nominating district in which his or her predecessor resides." The General Assembly also specifically addressed the forfeiture of a school board member's seat as a result of a change in residence. Fourteen Del.C. Sec.1054(a) requires that "[i]f any school board member ceases to be a resident of the reorganized school district, he shall cease to be a member of its school board."
 

Accordingly, the existing statutory scheme provides a system where a candidate runs from a nominating district, but forfeits his/her seat only upon a change of residence from one reorganized school district to another. The statutory reference to "reorganized school district" is defined by 14 Del.C. Sec. 1002(2) to mean "a school district which is constituted and established in accordance with this chapter ...." Further, it is settled Delaware law that one cannot engage in the interpretation of a statute that is clear and unambiguous. Matter of Surcharge Classification 0133 By Delaware Compensation Rating Bureau, Inc., Del. Super., 655 A.2d 295 (1994), affirmed, Del. Supr. 655 A.2d 309 (1995); Williams v. Dyer, Del. Super., C.A. No. 91C-11-010, Graves, J. (Aug. 12, 1992); Hutton v. Phillips, Del. Super., 70 A.2d 15 (1949). Where the meanings of the statute is clear, one is limited to the application of the literal meaning of the words. Matter of Surcharge Classification, supra at p. 303 (quoting Coastal Barge Corp. v. Coastal Zone Indus. Control Board, Del. Supr., 492 A.2d 1242, 1246 (1985). There is no ambiguity in 14 Del.C. Sec. 1054(a). Finally, in another subsection of Section 1066, the legislature specifically provided that "[a]ny vacancy on a board of education shall be filled according to Section 1054 of this title." 14 Del.C. Section 1066(e)(8). Accordingly, it is difficult to argue that the legislature was unaware of the provisions of Sec. 1054(a). While the result is an anomaly, the statutes do not require that a school board member elected from one nominating district forfeit his/her seat upon moving to another nominating district within the same school district. It can be argued that this peculiar result is unintended since district voters are not permitted to "vote for more than 1 person who resides in each nominating district." 14 Del.C. Sec. 1066(e)(7). Nevertheless, we cannot speculate as to the intent of the legislature given the clear and unambiguous provisions of Sec. 1054(a).
 

It should be noted that Section 1066(e) has been repealed effective January 1, 2002. 71 Del. Laws, c. 491. Thereafter, district board elections in the Christina School District will be controlled by 14 Del.C. Sec. 1066A. That section provides that "a nominee must be a resident of the nominating district for the seat he or she seeks," but is silent on the issue of forfeiture. 14 Del.C. Sec. 1066A(a)(4). Therefore, absent legislative action, Sec. 1054(a) will continue to govern the issue of forfeiture.
 

Because members of the legislature have inquired about this issue, we have copied some members of the General Assembly on this matter.
 

Very truly yours,
 
 
 

John B. Hindman
Deputy Attorney General
 

Approved:
 

Michael J. Rich
State Solicitor
 

cc: Hon. Steven H. Amick

Hon. David P. Sokola

Hon. Bruce C. Reynolds

Hon. Stephanie A. Ulbrich

Mr. Philip G. Johnson

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