Mississippi Advisory Opinions August 01, 2003: AGO 2003-0300 (August 01, 2003)

Advisory Opinion Text

William R. Fortier, Esq.

Fortier & Akins, P.A.

Attorneys At Law

108 East Jefferson Street

Ripley, Mississippi 38663

Re: Sheriff's Authority Concerning Personnel Matters

Dear Mr. Fortier:

Attorney General Mike Moore has received your request for an official opinion from this office and has assigned it to me for research and reply. On behalf of the Tippah County Board of Supervisors, you have raised several issues concerning the county's authority in relation to the sheriff's office. Your letter poses the following questions:

1. Since we are in the last quarter before the upcoming election, what authority does the sheriff of the county have to hire additional personnel?

2. Can the sheriff hire these persons without the approval of the board?

3. If board approval is required, what authority does the board have to hire these individuals in the last quarter before the upcoming election?

4. Is the sheriff authorized to give, and to request the board to approve, raises for his personnel in the last quarter before the upcoming elections?

We are not aware of any statutes which specifically prohibit or limit hiring of personnel or granting of raises by a sheriff during the last calendar quarter prior to an election other than, of course, statutes which apply to expenditures throughout the term of office. Section 19-25-13, MISS. CODE ANN . (1972, as amended), states, in pertinent part, as follows:

The board of supervisors shall, at its first meeting of each quarter beginning on October 1, January 1, April 1 and July 1, appropriate a lump sum for the sheriff for the expenses of his office during the current quarter. The quarterly appropriation shall be one-fourth (1/4) of the amount approved in the annual budget unless the sheriff requests a different amount. Except in case of emergency, as provided in the county budget law, the appropriation for the quarter beginning in October of the last year of the sheriff's term shall not exceed one-fourth (1/4) of the annual budget . [Emphasis added.]

We have, in prior opinions, stated that a sheriff has exclusive control over his employees. This authority includes hiring, firing, and disciplinary rules and regulations as well as the authority over all other general operations of the office. The sole restriction on this authority is that expenditures by the sheriff's office must stay within the parameters of the budget approved for the office by the board of supervisors. Please see the enclosed opinion MS AG Op., Crow (June 2, 1995).

Thus, in response to your first question, the sheriff has the same hiring authority in the quarter before an upcoming election as in any other quarter in a term of office. As to your second question, the sheriff's authority to hire personnel is not subject to board approval except to the extent of budgetary constraints. Your third question is answered by our response to your second question. In response to your fourth question, the sheriff's authority to grant salary increases is not limited by any calendar quarter, but is limited by budgetary constraints as noted above.

If we may be of further service, please let us know.

Very truly yours,

Mike Moore Attorney General.

Charlene R. Pierce Special Assistant Attorney General.