Mississippi Advisory Opinions August 05, 2005: AGO 2005-0409 (August 05, 2005)

Advisory Opinion Text

Mr. B. J. Martin

Chairman

Hattiesburg Democratic Executive Committee

1717 Mamie Street

Hattiesburg, Mississippi 39401

Re: Removal of Committee Member

Dear Mr. Martin:

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

My name is B. J. Martin, Chair of the Hattiesburg Democratic Municipal Executive Committee. The other members of the committee are Charles Davis, Thomas Keith, Maura McLaughlin, Maureen Ryan and Jennifer Ingram Wilkinson. The Committee has been made aware of allegations that one of its current members actively and publicly supported the Republican candidate for Mayor in the June 2005 Mayoral election while serving as an elected member of the Democratic Municipal Executive Committee. This same individual was re-elected to the Municipal Committee for another four years in the June 2005 elections. The persons making these allegations have called upon the Municipal Committee, pursuant to Article IV of the Constitution and By-Laws of the Mississippi Democratic Party, to remove the accused member from the Committee. The accused member opposes any attempt to remove her from the Committee citing that, as a person elected by the electorate to a statutory position, the Municipal Committee has no legal authority or jurisdiction to remove her from the Committee, despite any provision in the Mississippi Democratic Party Constitution and By-Laws.

The purpose of this letter is to request and expedited written opinion from you that specifically addresses the following issues:

1. Does the Constitution and By-Laws of the Mississippi Democratic Party give legal authority to the Hattiesburg Democratic Municipal Executive Committee to institute proceedings for the removal of one of its elected members from the Committee?

2. As an elected official, is a member of a Municipal Executive Committee subject to removal by the Municipal Executive Committee?

3. What, if any, action by the Municipal Executive Committee in response to these allegations is authorized by the law of the State of Mississippi?

As Chair of the Hattiesburg Democratic Municipal Executive Committee I am very concerned about these allegations and want to make sure that the Committee takes appropriate and lawful steps in addressing this very important issue to the Democratic Party. Should you need further information from me in this regard, please do not hesitate to contact me.

In response to your first question, we do not interpret provisions of a political party's constitution or by-laws by way of an official opinion.

In response to your second and third questions, if a member of such committee dies, is convicted of a felony, moves out of the municipality or is otherwise disqualified by order of a court of competent jurisdiction or by operation of law, the remaining members would be required to declare a vacancy and fill it in accordance with Mississippi Code Annotated Section 23-15-171 (Revised 2001). However, we find no authority in state law for a municipal party executive committee to remove one of its members on its own motion.

Sincerely,

Jim Hood Attorney General.

Phil Carter Special Assistant Attorney General.