Could appointed Prince George's County school board members run for the elected board without resigning in 2006?

Plain-English summary

Prince George's County was moving from an appointed board of education to an elected one. The school system's counsel asked whether sitting appointed board members could run for the elected board without giving up their appointed seats. The Attorney General agreed with counsel's conclusion that they could, beginning July 1, 2006, when the new statutory exception took effect.

The former rule prohibited a board member from running for public office while serving. The incoming rule prohibited candidacy for another public office but expressly excepted a position on the county board. The opinion's footnote added that the Legislature let appointed members continue serving until December 3, 2006, showing it expected overlap between service and the election period. The PDF also reproduces the school system counsel's letter; the AG's own answer is the brief letter on the first page and its footnote.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Appointed board members

Under the transition discussed in the opinion, an appointed member did not have to resign solely to run for a seat on the incoming elected Prince George's County Board of Education after July 1, 2006. The exception applied to a board seat, not candidacy for every public office.

School system and election officials

The AG accepted the school system counsel's reading of the two provisions. The appointed members' terms were scheduled to continue beyond the effective date of the new candidacy rule, so the opinion treated their continued service during a board campaign as contemplated by the legislation.

Common questions

Did an appointed board member have to resign before running for the elected Prince George's County school board in 2006?

No. The AG agreed that the new rule permitted board members to run for positions on the county board without resigning their existing appointed seats.

Could the member run for any public office while staying on the board?

The incoming statute's exception was for a position on the county board. The opinion did not extend it to other offices.

When did the new candidacy exception become effective?

The opinion and attached counsel letter identified July 1, 2006, as the date the new provision took effect.

Background and statutory framework

The earlier ED §3-108.2(q) barred a serving member from being a candidate for public office. ED §3-1002(i), effective July 1, 2006, made an exception for a position on the county board. The opinion cited Chapter 289, §10, Laws of Maryland 2002, which kept appointed members' terms in place until December 3, 2006. That timing supported its conclusion that appointed members could remain in office while seeking the elected seats.

Citations and references

• ED §3-108.2(q): former general candidacy prohibition.
• ED §3-1002(i): exception for candidacy for the county board.

Source

• Landing page: https://oag.maryland.gov/resources-info/Pages/search-opinions.aspx
• Original PDF: https://oag.maryland.gov/resources-info/Documents/pdfs/Opinions/2006/91oag132.pdf

Original opinion text

132
[91 Op. Att’y

EDUCATION

P UBLIC S CHOOLS – E LIGIBILITY OF C URRENT M EMBERS OF A PPOINTED B OARD OF E DUCATION TO R UN FOR E LECTIVE P OSITION ON B OARD

June 9, 2006

Mr. Roger C. Thomas , General Counsel
Prince George’s County Public Schools

On behalf of the New Prince George’s County Board of Education (“Board”), you have asked whether we agree with your conclusion that current members of the Board are eligible to run for elected positions on the Board as of July 1 , 2006, without resigning from their current positions. You outlined the basis for your conclusion in the attached letter dated May 31, 2006 citing the relevant provisions of the Education Article (“ED”) of the Annotated Code of Maryland. We have reviewed your analysis and agree with your analysis and conclusion.1

J. Joseph Curran, Jr.
Attorney General

Robert N. McDonald
Chief Counsel
Opinions and Advice

1
In addition to the provisions that you cite, we note that the legislation that originally provided for the transition from an appointed Board to an elected Board specifically provided that the terms of the appointed members would continue until December 3, 2006. Chapter 289, §10, Laws of Maryland 2002. Thus, the Legislature clearly contemplated that the appointed members would be serving as Board members when the allowance for Board candidacy in ED §3-1002(i) supersedes the general prohibition against candidacy for public office in ED §3-108.2(q).

Page 2

Gen. 3]
133

Prince George*s County Public Schools
14201 School Lane • Upper Marlboro, Maryland 20772 • ww.pgcps.org

Roger C. Thomas
General Counsel
301-952-6331

May 31, 2006

The Honorable J. Joseph Curran, Jr.
Attorney General
200 St. Paul Place
Baltimore, MD 21202

Re: Members of the Appointed Prince Georges County Board of Educations Potential Candidacy for Elected Board
Our File No: 06-99-0009

Dear Mr. Curran:

Please be advised that the undersigned counsel represents the Prince Georges County Public Schools. I was requested by the Chair of the Prince Georges County Board of Education and former State Senator, Beatrice P. Tignor, Ed.D., to request an opinion of counsel and/or interpretation letter from the Attorney Generals Office on statutory provisions in the Maryland Annotated Code, Education Article, relating to members of the Prince George*s County Board of Education running for elected office.

The current statute in effect in the Md. Ann. Code, Educ.
Art., §3-lO8.2(q) provides that a

Member may not be a candidate for public office. – A member may not be a candidate for public office while serving on the Board.

As you know, this statute governing the “New Prince George*s County Board of Education” is abrogated effective June 30, 2006.

Page 3

134
[91 Op. Att’y

After that date, provisions set forth in the Md. Ann. Code, Educ. Art., §3-1002, as amended, take effect on July 1, 2006.

Under the language of the statute that takes effect as of July 1, 2006, the Md. Ann. Code, Educ. Art., §3-1002(i) provides that

Member may not be candidate for other public office. – While serving on the county Board, a member may not be a candidate for a public office, other than a position on the county Board.

Based upon the language of the statute that goes into effect as of July 1, 2006, it is the interpretation of school system counsel that this language would allow members of the current Board to also have eligibility for candidacy for positions on the elected county Board, if they choose to run, without resigning from the current appointed Board, since the statute that goes into effect as of July 1, 2006, includes an exception for candidacy for positions on the county Board.

Dr. Tignor would greatly appreciate your consideration of providing an opinion from the Attorney General’s Office on this issue as soon as possible. Please forward your response to the undersigned counsel’s attention at your earliest convenience. Thank you for your consideration of this matter. If you have further questions regarding this inquiry, please do not hesitate to contact me.

Very truly yours,

Roger C. Thomas
General Counsel