Mississippi Advisory Opinions April 18, 1983: 19830418 (April 18, 1983)

Advisory Opinion Text

Honorable James W. Henley

Attorney for Copiah County Board of Supervisors

Post Office Box 509

Hazlehurst, Mississippi 39083

Elections - Commissioners

Dear Mr. Henley:

Attorney General Allain has received your letter of request and has assigned it to me for research and reply.

Your letter states:

“The Board of Supervisors of Copiah County, Mississippi, has requested us as its Attorneys to obtain your opinion in regard to the following matter.

“It is our understanding that an Election Commissioner is entitled to receive $40.00 for each day worked in performing his duties; our question is how many hours or what period of time constitutes a day worked entitling the Election Commissioner to receive $40.00 or a part thereof?”

Mississippi Code Annotated § 23-5-183 (Supp. 1982) provides that election commissioners shall receive $40.00 “for every day actually employed in the performance of their duties” not to exceed the specified number of days.

It is the opinion of this office that a “day” for the purpose of Section 23-5-183, supra , is a period of eight (8) hours actually engaged in the performance of duties and that it is for the board of supervisors to determine what compensation may be paid an election commissioner who was engaged in the performance of his / her duties for a lesser period of time.

Very truly yours,

Bill Allain, Attorney General.