Mississippi Advisory Opinions September 29, 2000: AGO 2000-0566 (September 29, 2000)

Advisory Opinion Text

Benjamin E. Griffith, Esquire

Attorney for Bolivar County

Board of Supervisors

Post Office Drawer 1680

Cleveland, Mississippi 38732

Re: Employment of Deputy Circuit Clerk as Secretary of Election Commission

Dear Mr. Griffith:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. While citing certain advisory opinions issued by the State Ethics Commission, you asked that we respond, to the extent possible, to the question of whether a county election commission may, with the approval of the board of supervisors, lawfully employ a deputy circuit clerk to perform the duties of secretary of the commission. A copy of your letter is attached for reference.

In our opinion to Jay Gore, Jr., Esquire, dated July 12, 1989 (copy enclosed) we addressed the question of whether a board of supervisors has the authority to pay a deputy circuit clerk for assisting a county election commission in revising the voter registration lists. We said:

If, however, the commission upon approval of the board of supervisors employs a deputy registrar to perform this task pursuant to section 23-15-219, said deputy would be paid out of the county general fund.

We see no distinction between the employment of a deputy circuit clerk to assist a commission in revising the voter registration lists and such employment to perform secretarial duties for the commission. Of course, an employee cannot be paid twice for the same hours of work. We defer to the State Ethics Commission to address any conflict of interest questions.

Sincerely,

Mike Moore, Attorney General.

Phil Carter Special Assistant Attorney General