Mississippi Advisory Opinions June 19, 2006: AGO 2006-00252 (June 19, 2006)

Advisory Opinion Text

Sherri M. Flowers, Esq.

City Attorney

Town of Mount Olive

Harrison & Flowers, PLLC

P.O. Box 483

Jackson MS 39205-0483

Re: Mayor running for County School Board Member

Dear Mr. Shepard:

Attorney General Jim Hood has received your request for an official opinion and has assigned it to me for research and response. Your letter asks the following question:

Is there a conflict for the Mayor to run for a position on the School Board of Covington County?

Response: There is no provision in state law which would prohibit a mayor from being a candidate for county school board member. Furthermore, since the position of mayor and the position of county school board member are both in the executive branch of government, the mayor could occupy both positions without violating the separation of powers doctrine in Sections 1 and 2 of the Mississippi Constitution of 1890 .

You may wish to seek an advisory opinion from the Mississippi Ethics Commission with regard to any conflict of interest that may arise from the circumstances that you describe.

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

Reese Partridge Special Assistant Attorney General.