Mississippi Advisory Opinions May 14, 1979: 19790514 (May 14, 1979)

Advisory Opinion Text

Mr. Gale Martin

Executive Director

Mississippi State Soil & Water Conservation Commission

754 North President Street

Jackson, Mississippi 39202

Re: Conflict of Interest § 2, Mississippi Constitution of 1890

Dear Mr. Martin:

Your letter request of May 2, 1979, addressed to Honorable A. F. Summer, Attorney General, has been received and assigned to this writer for research and reply. Your letter states:

‘At a recent meeting of the Mississippi State Soil and Water Conservation Commission, it was brought to the attention of the Commission, several people throughout the state who are now serving as Commissioners of the Soil and Water Conservation Districts, or persons who might be recommended or elected through the proper process, as a Soil and Water Conservation District Commissioner, would be running for either state office or a member of the Legislature, or County Board of Supervisors, or ay other county offices.

‘We need an opinion from you, the Attorney General, as to if these persons, if elected, can serve in both capacities. Several districts throughout the state have asked this question. We feel that he cannot give them a correct answer on this until we have heard from you.

‘As you are aware, the State Soil and Water Conservation Commission holds the elections for Soil and Water Conservation Districts, and that these districts are considered enmities of the State Government.

‘I know that there have been several occasions where this could possibility be considered a conflict of interest, and I would appreciated an opinion on this from you.’

The holding of incompatable offices is prohibited by Section 2 of the Mississippi Constitution Which reads:

‘No person or collection of persons, being one or belonging to one of these departments, (Legislative, Judicial and Executive—See § 1 of Constitution) shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacated any and all offices held by the person so accepting in either of the other departments.’

It is our opinion that so long as the offices are in the same branch of government there is nothing in the Constitution or statutes to prevent a person serving in both capacities.

Sincerely yours,

A.F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General.