Mississippi Advisory Opinions April 12, 1983: 19830412 (April 12, 1983)

Advisory Opinion Text

Honorable Sarah W. Grantham

Mayor of North Carrollton

Post Office Box 159

North Carrollton, Mississippi 38947

Re: Municipal Officers

Dear Mayor Grantham:

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

Your letter states:

“I am presently part time mayor of a municipality with a population of less than one-thousand people and in your opinion could I qualify for a position with the County Board of Supervisors, and if elected, hold both positions.”

Your holding of municipal office as a mayor does not disqualify you as a candidate for the office of supervisor. As to your duties as mayor, there is mentioned Section 267 of the Mississippi Constitution of 1890 (the Constitution):

“Section 267. No person elected or appointed to any office or employment of profit under the laws of this state, or by virtue of any ordinance of any municipality of this state, shall hold such office or employment without personally devoting his time to the performance of the duties thereof.”

which has been interpreted to mean that if all the time of the officer be not required for the complete and faithful execution of his trust, then he shall give such time and devote such service as shall suffice for the full and faithful discharge of the duties of his office. See Miller v. Walley , 122 Miss. 521, 84 So. 466 (1920) .

Reference is also made to Sections 1 and 2 of the Constitution:

“Section 1. The powers of the government of the State of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: Those which are legislative to one, those which are judicial to another, and those which are executive to another.

“Section 2. No person or collection of persons, being one or belonging to one of these departments, 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, vacate any and all offices held by the person so accepting in either of the other departments.”

The Board of Supervisors has been held by the Mississippi Supreme Court to be within the judicial branch of government. Haley v. State ex rel Mortimer , 67 So. 498 (1915) .

The Court has held that the municipal office of mayor is within the executive branch of government. State ex rel Attorney General v. Armstrong , 91 Miss. 513, 44 So. 809 (1907), and that under the provisions of the above cited Section 2 of the Constitution a person cannot simultaneously hold public office in both the judicial and executive departments.

Therefore, under the Constitution, a person cannot simultaneously hold the offices of mayor and supervisor. Should you accept the office of supervisor when you are in office as mayor, you would forfeit the office of mayor.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General