We refer to your letter of recent date where- in you request an opinion from this office on whether under 9. B. 252, 1947, 50th Legislature, Regular Session, amending Articles 2701 and 3888, it Is manda- tory or permissive for a County School Board to name or appoint an,asslstant to the County Judge - Ex-offlolo County Superintendent.

Article as amended by s. B. 252, pro- vides in part as follows:

"In each county having no School Super- intendent, the County Judge shall be Ex- officio County Superintendent and shall perform all the duties required of the County Superintendent . . . The County Board shall name or appoint an assistant to the Ex-offlolo County Superintendent . 0 . the salary of the assistant Ex-of- flolo Superintendent of Public Instruo- tlon . . . shall be from and after Sep- tember 1, 1947, paid from the State and County Available School Fund." Article as amended by S. B. pro- vides in part as follows:

!I . . . The Ex-offlolo Assistant Super-

intendent Public Instruction shall re- ceive for his services such salary not to exceed Fifteen Hundred ($1500) Dollars a *2 , _- - Page 2 year as the County Board of School Trustees of the respective County may provide,” Seotion the emergency clause In S, B. 252 provides in part:

“The faot that there Is no definite ppovlslon at present for the appointment and PemunePatlon of an assistant to the Ex- offlclo County Superintendent e 0 9 creates an emergency e . o ”

In the oonstructlon of statutes, the wopd “mapn may be used to mean “shall” the word “shall” may be construed to mean ‘may” according to the lnten- tfon expressed fn the statute; they must be glven the meanihg which will b8st express leglsltitive Intent. National Sure&g Corporation vs. Ladd, 9. W. (26) 602; Schlemmer vs. Board of Trustees of Limestone County, 59 S. W. (26) 264; Hess & Skfnner Engineering Co. vao Turney, 203 9. W. 593, 595. as amended, provides that a

Artiole County Judge - Ex-offiolo County Superintsndent shall perform s the duties required of a Oountg School Su- perlatedlent.

There is no legislative intent evidenced in the statute amended to oreate the office of an Asslst- ant Ex-offloio County Superintendent of Public Instruo- tion, nor to vest such an assistant with an presoribed fi or dut 18s * Indeed, under,Artlole 38 8, aa amend- powera ed, the salary of suoh a named or appointed assl.stant may vary anywhere from one dollar or less up to fifteen hundred dollara a year, whatever tne county sohool board w provide,

Said statutes aa amendad olrerly authorlee ?,kb County School BoarCl to came or appoint an aeslstant derlgnatbd th8r8ln aa “Ex-off1010 Assistant Superlntend- ent Publia Instruction” and to provide for his serv- leer salary not to 8xo88d Fifteen Hundred Dollars a 08rtainly, the Oountg Sohool Board in the exer- year. air8 of Its dlrorstlonary authority In providing a sal- such an e8slatant oould 8ffeotlvdly thwart an ary attempt to force It to appoint such an assistant. In short, we do not find an lntsndmant wfthln Uald stst- utee to Impose upon the oountiee thereby affected an assistant Ex-offloio Oounty Superintendent, if the Coun- ty Sob001 Board acting In oooperstloa with the County *3 Han, C. D. Wrfght - Page 3 v-382 Judge shall determine that such an assistant Is not needed 0

Furth8IQlOr8, this construction of the said amended statutes is consonant with the authorftg of the County Sohool Board to name or appofnt an aesfat- ant or assistants to all other elective or appointfve county superintendents In this State~~i Article flQ0 a8 amended by Aots'1947, 50th Leglblature, R. S.,~R. B. It would seem ~%nreason- and Alitlole V,C.S. able to give a mandatory Interpretation to the statute authorlzfllg the naming of an assistant to aa ex-of- f lcfo county superintendent, absent of a clear intend- ment fn the statute to that effect, when the authority to name or appofnt an assistant to all other electfve OP appofntlve county 8Up8rintend8nta In this State Is p8I'%iS81V8.

It Is our opinion, therefore, that under Ar- ticles 3888,~V.c.Si as ambhded by S. B.'252, Aots 1947, 50th Legislature, Regular Session, Chapter 1s p8Flplsslve rather than mandatory ?or a Coun- 305;lt ty Sohool Board to name appoint ad Assistant to the County Judge - Ex-oif’iolo County Superfntendent 0

SUMMARY ‘~ -‘~ .’ -Under Artltiles and.3888, V.C.S., ae ameiidda by S.'B'.'252, 1947, 50th Legislature, Regular Session, It Is per- ml~slve rather than mandatory a Coun- ty Sohool Board to name or appoint an As- sistant to the County Judge - Ex-offloio County Superintendent 0

very tray youm ‘ATTORREY QRNERAL OF TEMS APPROVED : Chester E. Ollleon A’LTORRRY GRRERAL Asalatant CEO mm@ zwb njt