Judges: WILLIAM L. WEBSTER
Filed Date: 6/7/1988
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Seek:
This opinion is in response to your question asking:
Should a candidate for election to the board of directors of a county ambulance district organized pursuant to Chapter 190 RSMo file his declaration of candidacy with the county clerk or with a person designated by the board of the district?
In Missouri Attorney General Opinion Letter No. 156, Port, 1974, this office addressed the same issue. In that opinion this office determined that the provisions of Section
Section
190.050 . Election districts, how established — election of directors, terms, qualifications — exception (excludes Jefferson County from having districts). — 1. . . . The county commission shall cause an election to be held in the ambulance district within ninety days after the order establishing the ambulance district to elect ambulance district directors. . . . The directors elected from districts one and four shall serve for a term of one year, the directors elected from districts two and five shall serve for a term of two years, and the directors from districts three and six shall serve for a term of three years; thereafter, the terms of all directors shall be three years. All directors shall serve the term to which they were elected or appointed, and until their successors are elected and qualified, except in cases of resignation or disqualification. . . .2. In all counties of the second class having more than one hundred five thousand inhabitants located adjacent to a county of the first class having a charter form of government which does not contain any part of a city of over four hundred fifty thousand inhabitants, the voters shall vote for six directors elected at large from within the district for a term of three years. Those directors holding office in any district in such a county on August 13, 1976, shall continue to hold office until the expiration of their terms, and their successors shall be elected from the district at large for a term of three years. In any district formed in such counties after August 13, 1976, the governing body of the county shall cause an election to be held in that district within ninety days after the order establishing the ambulance district to elect ambulance district directors. Each voter shall vote for six directors. The two candidates receiving the highest number of votes at such election shall be elected for a term of three years, the two candidates receiving the third and fourth highest number of votes shall be elected for a term of two years, the two candidates receiving the fifth and sixth highest number of votes shall be elected for a term of one year; thereafter, the term of all directors shall be three years.
3. A candidate for director of the ambulance district shall, at the time of filing, be a citizen of the United States, a qualified voter of the election district as provided in subsection 1 of this section, a resident of the state for one year next preceding the election, and shall be at least twenty-one years of age. A candidate shall file his declaration of candidacy with the county clerk of the county in which he resides. A candidate shall file a statement under oath that he possesses the required qualifications. No candidate's name shall be printed on any official ballot unless the candidate has filed a written declaration of candidacy by 5:00 p.m. on the eighth Tuesday prior to the election. (Emphasis added.)
In interpreting a statute, the fundamental rule is to ascertain the intent of the General Assembly from the language used and to give effect to that intent. Brown Group, Inc. v.Administrative Hearing Commission,
Conclusion
It is the opinion of this office that pursuant to Section
Very truly yours,
WILLIAM L. WEBSTER Attorney General