Mississippi Advisory Opinions April 15, 2011: No. 2011-00134 (April 15, 2011)

No. 2011-00134.

Dear Mr. Daughdrill:

Attorney General Jim Hood has received your request and assigned it to me for research and reply.

May Resolution Board members be paid for attending training sessions they are required to attend? Is there authority to otherwise compensate members of the Resolution Board for their services during elections?

Yes to both.

We note that until 2009 members of the resolution board have been referred to as "counting center employees" in Miss. Code Ann. Section 23-15-523 (1972). We are of the opinion that the terminology formerly utilized for resolution board members necessarily implies an employment relationship. Accordingly, the board of supervisors would be authorized to compensate resolution board members and to establish a rate of compensation which the board of supervisors determines to be justified by their job duties. This authority would include allowing the resolution board members to be paid for attending poll manager training as described in Section 23-15-523 (11).

Please be advised that if county employees are appointed as members of the resolution board there may be implications under the Ethics laws, and we would advise you to contact the Ethics Commission on that issue.

Please let me know if you would like to discuss this matter or if I can be of further assistance.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By:

Reese Partridge

Assistant Attorney General