Mississippi Advisory Opinions March 02, 1989: 19890302 (March 02, 1989)

Advisory Opinion Text

William M. Chaffin, Esquire

Attorney for Coahoma County Board of Supervisors

Post Office Box 98

Clarksdale, MS 38614

Dear Mr. Chaffin:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

You present for opinion the question of whether the board of supervisors is authorized to approve nunc pro tunc the circuit clerk's employment of clerical employees for the purposes of rendering assistance in the conduct of the Democratic and Republican primaries of 1987, the General Election of 1987 and the Super Tuesday primaries of 1988.

An opinion of the Attorney General can neither validate nor invalidate past action on the part of public officials; therefore, we cannot respond by way of an official opinion. Also, your request necessarily requires a factual determination which only the board of supervisors can make.

Sincerely,

Mike Moore, Attorney General.

ATTACHMENT

September 26, 1988

Honorable Mike Moore

Attorney General

Post Office Box 220

Jackson, Mississippi 39205–0220

Dear General Moore:

This letter serves as the request of the Board of Supervisors of Coahoma County, Mississippi, for your legal opinion relative to its authority to pay a claim to the Circuit Clerk of Coahoma County, Mississippi, for expenditures made by him individually for extra clerical help for the Democratic and Republican primaries during August of 1987, the general election of November of 1987, and the “Super Tuesday” primary during March of 1987. During that period of time, W.C. Rogers, Jr., the Circuit Clerk, was required to employ additional help on a part-time basis to successfully prepare for and conduct both the Democratic and Republican primaries, as well as the general election. Mr. Rogers specifically employed Jacqueline A. Johnson from June 29, 1987, through December 30, 1987, at a rate of $6.00 per hour, incurring a total expenditure of $2, 330.88. Mr. Rogers also employed Rena Renee Williams from June 2, 1987, through August 14, 1987, at a rate of $3.50 per hour, incurring a total expenditure of $884.81. Finally, Mr. Rogers employed Helen A. King from June 8, 1987, through November 6, 1987, at a rate of $4.50 per hour, incurring a total expenditure of $3, 320.35. The total expenditure made by Mr. Rogers for clerical assistance during the various primaries and general election mentioned was $6, 536.04.

No request was made to the Board of Supervisors prior to the employment of these personnel to render the assistance needed, but it has been customary in the past for the Board of Supervisors to lodge a great deal of responsibility with Mr. Rogers in the conduct of Coahoma County's elections. Had he requested that the Board authorize in advance the employment of such personnel to render the assistance required, I feel certain that the Board would have immediately authorized such employment by its order.

Two questions arise:

(1) Can the Board, if it chooses in its discretion to now do so, enter its order nunc pro tunc authorizing and directing W.C. Rogers, Jr., the Circuit Clerk, to employ the clerical employees named for the purposes of rendering assistance in the conduct of the Democratic and Republican primaries of August, 1987, the general election of November, 1987, and the “Super Tuesday” Democratic and Republican primaries of March, 1987?

(2) Does the Board have authority to authorize Mr. Rogers to employ at the expense of Coahoma County the clerical assistance necessary for the preparation for and conduct of Democratic and Republican primaries, in addition to general elections?

Your expedited handling of this request will be sincerely appreciated. Mr. Rogers requested reimbursement some time ago, and the Board would like to be able to act as punctually as possible in considering this matter.

Your help will be sincerely appreciated.

Very sincerely yours,

William M. Chaffin Attorney for Coahoma County Board of Supervisors

ATTACHMENT

November 21, 1988

Honorable Mike Moore Attorney General

Post Office Box 220

Jackson, Mississippi 39205–0220

Dear General Moore:

This letter follows my letter of September 26, 1988, requesting the opinion of your office concerning the authority of the Board of Supervisors of Coahoma County, Mississippi, to authorize, nunc pro tunc, W.C. Rogers, Jr., the Circuit Clerk of Coahoma County, to employ clerical employees for the purposes of rendering assistance in the conduct of the Democratic and Republican primaries of 1987, the general election of 1987, and the Super Tuesday primaries of 1988.

Since my request to you of September 26, I have now determined that one of the parties employed has sought and received unemployment compensation. As a result, the Mississippi Employment Security Commission is asking to be reimbursed for amounts advanced. At this time, Mr. Peterson at the Mississippi Employment Security Commission has agreed to wait until the first of the year, so that we might be able to determine whether the reimbursement to his agency is to come from Coahoma County or from W.C. Rogers, Jr., individually.

Because of the press of the Mississippi Employment Security Commission, I would respectfully request that your office expedite its consideration of those matters contained in my letter of September 26, 1988.

Very sincerely yours,

William M. Chaffin Attorney for Coahoma County Board of Supervisors.