Mississippi Advisory Opinions February 16, 2007: No. 2007-00074 (February 16, 2007)

No. 2007-00074.

Dear Mr. Maples:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply. Your letter states:

Our question concerns the eligibility of an elected school board member seeking another county public office.

The current George County School Board of Education members are elected from districts within the County. A sitting elected school board member wishes to qualify, run for and seek election to the elected position of Circuit Clerk for George County. May this individual continue to hold the office of elected school board member from a district within the county, as well as run for and if elected serve as the sitting elected circuit clerk, and hold both positions?

Or will it be necessary to resign one seat or the other?

Article 1, Sections 1 and 2 of the Mississippi Constitution of 1890 divides the powers of government into three distinct departments or branches which are legislative, judicial and executive and prohibits one serving in one branch of government from exercising powers properly belonging to either of the other branches.

We have previously said that the office of circuit clerk is within the executive branch of government. MS AG Op., Clay (September 28, 2001); MS AG Op. Montgomery (June 16, 1994).

We have also said that a school board member is an officer in the executive branch of government. MS AG Op., Meadows (September 1, 2006); MS AG Op., Chaney (May 16, 2003).

Therefore, it is our opinion that there is no constitutional prohibition against an individual serving simultaneously as a member of a county school board and county circuit clerk.

You may wish to confer with the Mississippi Ethics Commission with regard to any issues that may arise under the conflict of interest provisions of Section 25-4-101 et seq. of the Mississippi Code of 1972.

Sincerely,

JIM HOOD,

ATTORNEY GENERAL

By: Phil Carter Special

Assistant Attorney General