Rule, 022031 PAAGO, AGO 2

• Case Date: February 20, 1931
• Court: Pennsylvania

Honorable James N. Rule, AGO 2 Opinion No. 2 Pennsylvania Attorney General Opinions Opinion of the Attorney General February 20, 1931          Public Schools—Asst. Co. Supt.—Appointment—Removal—Expiration of term— Act of 1911, P. L. 309, Secs. 1129, 1131, 1132.          The term of an assistant county superintendent of schools does not end auto-matically with the resignation of his county superintendent; he is entitled to serve until the end of the term for which the county superintendent was elected unless sooner removed under the provisions of Section 1129 of the School Code.          Honorable James N. Rule, Acting Superintendent of Public Instruction, Harrisburg, Pennsylvania.          Sir: We have your request to be advised whether an assistant county superintendent of schools holds office during the entire term for which the county superintendent who appointed him was elected or whether the term of the assistant superintendent expires if and when the county superintendent resigns during the term for which he was elected.          Assistant county superintendents are appointed under Section 1127 of the School Code (Act of May 18, 1911, P. L. 309), which provides that they shall b6 nominated by the county superintendents, and that the nominations, when confirmed as therein provided by the officers of the county school directors' association, shall be appointments "until the end of the county superintendent's term of office."          Section 1129 of the School Code deals with the removal of assistant superintendents. It provides that:

"Upon the written charges and recommendation of the county superintendent, or of the majority of the members of each of three boards of school directors whose schools are under the jurisdiction of the county superintendent, assistant county superintendents of any county, may, after a hearing be removed by the Superintendent of Public Instruction, for the same cause and in like manner as a county superintendent is removed."

         The removal of county superintendents is governed by Section 1119 of the School Code, which is as follows:

"Any county superintendent may be removed by the Superintendent of Public Instruction, at any time for neglect of duty, incompetency, intemperance, immorality, or other improper conduct as well as for the violation of any of the provisions of this act: Provided, That before any county superintendent shall be removed, he shall be given a hearing, of which he shall

...