AGO 85-09.

• Court: North Dakota

North Dakota Attorney General Opinions 1985. AGO 85-09. OPINION 85-9 Date Issued: March 8, 1985 (AGO 85-9) Requested by: Dr. Wayne G. Sanstead, Superintendent Department of Public Instruction- QUESTIONS PRESENTED - Whether the governor may remove a school board member from office pursuant to N.D.C.C. section 44-11-01. Whether a school board member shall be subject to recall by petition of electors in the school district pursuant to N.D. Constitution, Article III, Section 10.- ATTORNEY GENERAL'S OPINION - It is my opinion that the governor may not remove a school board member from office pursuant to N.D.C.C. section 44-11-01. It is my further opinion that a school board member is not subject to recall by a petition of electors in the school district pursuant to N.D. Constitution, Article III, Section 10. - ANALYSES - I. The governor has been granted the power to remove from office certain governmental officials. This authority is found in N.D.C.C. section 44-11-01, which states as follows:

44-11-01. WHAT OFFICERS REMOVABLE BY GOVERNOR - GROUNDS. The governor may remove from office any county commissioner, clerk of the district court, sheriff, coroner, county auditor, register of deeds, state's attorney, county treasurer, superintendent of schools, county commissioner, surveyor, public administrator, city auditor, city commissioner, mayor, chief of police, deputy sheriff, or other police officer, or any custodian of public moneys, except the state treasurer, whenever it appears to him by competent evidence and after a hearing as provided in this chapter, that such officer has been guilty of misconduct, malfeasance, crime in office, neglect of duty in office, or of habitual drunkenness or gross incompetency.

It is clear from a reading of the above statute that school board members were not included in the list of officers which could be removed by the governor. The governor does have the power to remove a "custodian of public moneys." However, this term cannot be construed so as to include school board members. The handling of funds in a school district is specifically delegated to the clerk of the school board pursuant to N.D.C.C. section 15-29-09. Therefore, a school board member cannot be considered a custodian of public moneys and may not be removed pursuant to N.D.C.C. section 44-11-01. II. Certain governmental officials may...