Mississippi Advisory Opinions September 24, 1981: AGO 000003182 (September 24, 1981)

AGO 000003182.

Dear Mr. Buford:

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

"On September 25, the Mississippi Forestry Commission will appear before the State Personnel Board to request that the salary of the State Forester be increased from $29,000 to $41,000 per annum. The request is based on the enlarged scope of the Commission, the professional quali- fications required of the state forester, and the record of achievement of the incumbent. (The pro- posed salary is at the level recommended by the Personnel Board to the 1981 Legislature, following an intensive assessment of the duties of the job, and the salaries of other agency heads with similar levels of responsibility.)

"We respectfully request that you advise the Personnel Board of its authority to amend the base annual salary, as requested, in view of the 1981 legislative amendments to Sections 49- 19- 1 and 49-19-3, Mississippi Code of 1972.

"Our position is based on the following:

1. The Commission has been completely reorganized in accordance with the amended Section 49-19-1, effective July 1.

2. The state forester now serves at the pleasure of the Commission and the reorganized Commission has expanded his duties in recognition of critical forest management needs in the state.

3. Amended Section 49-19-3 has increased the minimum qualifications of the state forester. Previously, the sole stated qualification was that the individual be a registered voter. The current qualifications state: 'Any person appointed by the Commission as State Forester shall have received a bachelor's degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law (Section 73-36-1 et seq. and in addition shall have had at least five (5) years' administrative experience in a forestry related field.'

"On July 1, the newly-constituted Commission employed Richard C. Allen, an individual whose credentials far exceeded the minimum qualifications established by the 1981 Legislature.

"We will appreciate your response to this request with a copy to the Personnel Board, before our September 25 meeting with them."

Section 7-5-25, Mississippi Code of 1972, as amended, provides that the Attorney General shall give his opinion in writing to the Legislature, or either House or any Committee thereof, and to other designated officers and employees and any Department or Commission operating under the law (and no others), when requested in writing, upon any question of law relating to their respective offices.

A determination of the question would have to be made by the Personnel Board and therefore the request should be submitted by that Board.

Sincerely yours,

BILL ALLAIN, ATTORNEY GENERAL

BY

Mack Cameron Special Assistant Attorney General

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