Mississippi Advisory Opinions June 06, 1997: AGO 97-0259 (June 06, 1997)
Collection: Mississippi Attorney General Opinions
Docket: AGO 97-0259
Date: June 6, 1997
Advisory Opinion Text
Mr. John Davies
City Attorney
P. O. Box 389
Prentiss, MS 39474
Re: Police chief/constable
Dear Mr. Davies:
Attorney General Mike Moore has received your recent letter on behalf of the Town of Prentiss and has asked me to respond. Your letter states:
The Police Chief of the Town of Prentiss has resigned and the Board is in the process of evaluating its police department. The Town is uncertain whether or not it will advertise or take someone from the ranks to fill the vacancy. One candidate is currently employed with the Town as a policeman while filling his position as an elected constable for the county. The question presented is when the Town's position of police chief requires him to be on call twenty four (24) hours of each day/every day, can same individual also hold the office of County Constable.
A constable may serve simultaneously as a city police officer. However, that individual must keep the positions separate and distinct. The duties and responsibilities of one office may not interfere with the duties and responsibilities of the other office. MS AG Op., Lawrence (December 9, 1993). A constable may also serve simultaneously as chief of police of a municipality within the county. However, Section 21-21-1 provides that one of the duties of the police chief is to act as constable ex-officio within the municipality he or she serves. So, for those duties within the municipality, he or she must serve as police chief, and be compensated accordingly. Outside of his or her jurisdiction in the municipality, the individual may serve as constable and be compensated accordingly. MS AG Op., Mayo (October 28, 1992).
Whether an individual may actually perform the duties of the position of constable and police chief and keep the two positions separate is a factual question which the governing authorities must answer.
If we may be any further assistance, please let us know.
Sincerely,
Mike Moore, Attorney General.
Alice D. Wise, Special Assistant Attorney General.