Mississippi Advisory Opinions February 09, 1987: 19870209 (February 09, 1987)

Advisory Opinion Text

Honorable George Touart

City Councilman

Post Office Drawer 908

Pascagoula, Mississippi 39567

Dear Mr. Touart:

Attorney General Edwin Lloyd Pittman has received your request for an opinion from this office and has assigned it to the undersigned for research and reply. In your letter of request you ask the following:

“I am a councilman of the City of Pascagoula, which operates under the council-manager plan.

“I am considering becoming a candidate for the office of Tax Collector of Jackson County. The term will begin in January 1988. My term of office as a councilman will not end until July 1989.

“If I were elected Tax Collector would I be required to resign as a councilman before the end of my term?”

In response to your inquiry, the holding of the position of city councilman within the legislative branch of government and the position of Tax Collector within the executive branch of government would place you in violation of the separation of powers doctrine, Miss. Const. of 1890, Art. 1, §§ 1, 2 . As stated in Section 2:

... The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments. (Emphasis)

Therefore, in response to your question if you assume the position of Tax Collector you would automatically vacate that of councilman.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.