Mississippi Advisory Opinions August 28, 1980: AGO 000001884 (August 28, 1980)

AGO 000001884.

Dear Mr. Gay:

Attorney General Bill Allain has received your letter of August 26, 1980, and has assigned it to me for reply. In your letter you state:

"Recently I have been petitioned by a number of citizens to seek the position as Trustee on our County School Board. Since I am Coun- ty Attorney, I would respectfully request an opinion of your office as to whether or not there would be a conflict of interest of my holding both offices. I have discussed this matter with Mr. Allen and he has been advised as to the facts and circumstances surrounding my candidacy for the Board of Trustees. Re- alizing that there is only a short time for the qualification date for this office, I would respectfully request that once an opin- ion has been reached that your office contact my office by telephone, to be followed up by your written approval. The reason for this re- quest is to allow those citizens who have asked me to run ample time to obtain another candidate if I cannot fill the position because of a con- flict. Your immediate attention is respectfully requested."

The office of county attorney intrinsically is in conflict with the office of trustee of a school board. This conflict is ap- parent upon a reading of Sections 37-11-27, 37-11-35, and 37-41- 25 which are at least three instances where a county attorney is called upon to prosecute members of a school board if they should commit certain acts. In addition, a county attorney is under the duty to attend the grand jury which has the power to, and routine- ly does, investigate the school system and school buses.

The presence of a county attorney/school trustee could well have a chilling effect on the investigations and reports of the grand jury.

Because of the inherent conflict between the two offices, it is our opinion that one person cannot hold both offices at the same time.

Trusting that the above will prove of value to you, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Larry J. Stroud Special Assistant Attorney General

LJS:cm