Mississippi Advisory Opinions January 13, 1989: AGO 000008593 (January 13, 1989)
Collection: Mississippi Attorney General Opinions
Docket: AGO 000008593
Date: Jan. 13, 1989
Advisory Opinion Text
AGO 000008593.
DOCK 1988-1026
AUTH Ryan Hood
DATE 19890113
RQNM Robert Morris
SUBJ Constables
SBCD 45
TEXT Mr. Robert Morris
Constable, Second District
Jasper County
Post Office Box 464
Bay Springs, Mississippi 39422
Dear Constable Morris:
Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. In your letter you state:
I, Robert Morris was appointed to fill a vacancy as Constable of the Second District of Jasper County, MS on January 25, 1988 by the Jasper County Board of Supervisors. Since that time, was elected to that office in a special election held on November 11, 1988.
When, in the opinion of the Attorney General's Office is the mandatory date that I must report to a Training Academy?
In response to your question your attention is respectfully invited to Section 19-19-5(2), Miss. Code Ann. 1972 as amended, which reads in pertinent part as follows:
"During a constable's term of office, each constable shall satisfactorily complete an appropriate curriculum established by the Board on Law Enforcement Officers Standards and Training in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or such other police academies that are approved by the Board on Law Enforcement Officers Standards and Training pursuant to Section 45-6-9....
No constable shall be entitled to the receipt of any fees, costs or compensation authorized by law after the first twelve (12) months in office if he fails to satisfactorily complete the academy within twelve (12) months after his taking office. The provisions of this subsection shall apply to constables elected at the November 1987 general election and to those who are elected at subsequent elections."
It is the opinion of this office that the mandatory training requirement does not apply to individuals appointed to fill the vacancy office of constable. However, in the event the appointed individual is subsequently elected by special election, said individual must obtain the mandatory training within twelve months of taking office after said special election. The twelve month grace period will, run from and after said individual takes office after said special election.
Very truly yours,
MIKE MOORE, ATTORNEY GENERAL
By: Ryan Hood Special Assistant Attorney General
RH:mfd