Mississippi Advisory Opinions October 25, 1990: AGO 000010535 (October 25, 1990)

AGO 000010535.

Dear Mr. Henley:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply.

Your letter states:

"One of the County's Election Commissioners has been elected Treasurer of the Election Commissioners Association of Mississippi. In that capacity she is expected to attend at least four meetings per year. She has requested that the Board of Supervisors pay her the $50.00 per day salary authorized by Section 23-15- 153 for these days.

1. Is the Board of Supervisors authorized to pay $50.00 per day salary to an Election Commissioner for attending Election Commissioners Association of Mississippi meetings?

2. If the County is authorized to pay for attendance at such meetings, does limitation on number of days which Election Commissioners are authorized to work under Section 23-15-153 limit payment to the Commissioner for attending Association meetings?" Mississippi Code Annotated Section 23-15-153 (Supp. 1989) provides for the payment of election commissioners for their work in two (2) very specific categories i.e. revising the pollbooks and registration lists and conducting elections.

Section 23-15-211 as amended by Chapter 325, Laws of 1990 authorizes the payment of election commissioners for not more than six (6) days for their attendance and completion of training events provided a "training certificate" is first obtained. We find no authority for election commissioners to be paid for their attendance of meetings of the Election Commissioners Association of Mississippi.

We are aware of the opinion issued by this Office to Ms. Sue Sautermeister, dated November 29, 1984 which cited Section 23-5-97 (now 23-15-219) and, in summary, stated that election commissioners, with the approval of the board of supervisors, could employ themselves and receive compensation for serving on the "Election Laws Reform Task Force" provided that the commissioners, with the approval of the board of supervisors, determine that such service is a duty and obligation of the office. As indicated above, the duties and obligations of election commissioners are clearly established by statute.

Additionally, while we do not issue official opinions on questions of constitutionality, Section 109, Mississippi Constitution of 1890 prohibits any public officer from having an interest in any contract authorized by any board of which he may be a member. Therefore, the Sautermeister opinion is hereby withdrawn.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General