Mississippi Advisory Opinions January 24, 2014: AGO 2014-00012 (January 24, 2014)

Advisory Opinion Text

AUTH: Avery Mounger Lee

RQNM: Tommie Cardin

SUBJ: Schools - Miscellaneous

SBCD: 187

TEXT: Mr. Tommie Cardin, Chairman

Mississippi Charter School Authorizer Board

3925 Ridgewood Road

Jackson, Mississippi 39211

Re: Employment of Executive Director/General Counsel of Mississippi Charter School Authorizer Board

Dear Mr. Cardin

Attorney General Jim Hood is in receipt of your opinion request and has assigned it to me for research and reply.

Facts and Question Presented

The Mississippi Charter School Authorizer Board intends to start a search for the Executive Director and General Counsel position and the question has arisen as to whether a candidate has to possess a current license to practice law in Mississippi at the time of hiring or whether the hiring can be made contingent upon obtaining a license to practice law in Mississippi?

Legal Research and Response

Miss. Code Ann., Section 37-28-7 (2013) provides the following with regard to the hiring of an executive director and general counsel position for the Mississippi Charter School Authorizer Board (hereinafter "Board"):

(9) The Mississippi Charter School Authorizer Board shall appoint an individual to serve as the executive director and general counsel of the board. In addition to possessing the qualifications established by the board which are based on national best practices, the executive director and general counsel must be licensed to practice law in the State of Mississippi and must possess an understanding of state and federal education law. The executive director and general counsel, who shall serve at the will and pleasure of the board, shall devote his full time to the proper administration of the board and the duties assigned to him by the board and shall be paid a salary established by the board, subject to the approval of the State Personnel Board. Subject to the availability of funding, the executive director and general counsel may employ such administrative staff as may be necessary to assist the director and board in carrying out the duties and directives of the Mississippi Charter School Authorizer Board.

(Emphasis added).

There is nothing in the statute that would prohibit the Board from making a determination to employ an individual as executive director/general counsel contingent upon obtaining a license to practice law in Mississippi prior to the beginning date of employment with the Board. This would allow the Board to consider a larger pool of candidates for the position, while meeting the statutory requirement that the chosen candidate hold a Mississippi license at the start date of his employment for the Board. However, the individual must demonstrate an understanding of state and federal education law.

If you have any questions or if we can be of any assistance to you, please do not hesitate to call.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Avery Mounger Lee, Special Assistant Attorney General