Mississippi Advisory Opinions April 19, 1983: 19830419 (April 19, 1983)

Advisory Opinion Text

Mr. Jimmy Avery

Transportation Supervisor

Noxubee County Public School System

Post Office Box 491

Macon, Mississippi 39341

Dear Mr. Avery:

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

Your letter states:

“I have been employed by the Noxubee County School System since 1972. For the past five (5) years, I have been transportation supervisor.

“The school closed for spring holidays March 14-18, 1983. I did not work this week just like I have always done in the past. When I received my check on March 31, 1983, Mrs. Reecy Dickson, Superintendent of Education, had deducted a week's pay from my check. She said that since I did not work that week I was not entitled to be paid.

“As long as I have been employed by the school system, I have always taken off when school has been closed and have always been paid. I know of no board policy stating that employees must work during holidays.

“I am under contract for $11, 798.00 for the school year 1982-83. I only work ten (10) months but have my pay divided into 12 equal checks. My checks have been $983.13 for the months of August 1982 through February 1983. For the month of March 1983 my check was only $769.43. The Superintendent has informed me that I will not receive pay for the week I was off for spring holidays.

“As a taxpayer and voter in the State of Mississippi, I feel my rights have been violated and since the office of the Attorney General is an office of the people, an opinion from your office would be appreciated.”

Your inquiry concerns an action already taken by the Noxubee County School Board. Therefore, we cannot respond with an official opinion.

Any such opinion could neither validate nor invalidate the board's action. The matter can be finally resolved only by a court of competent jurisdiction.

Very truly yours,

Bill Allain, Attorney General