Mississippi Advisory Opinions April 12, 1995: AGO 95-0145 (April 12, 1995)

Advisory Opinion Text

Honorable Harvey Henderson

Town of Sumner Attorney

Post Office Box 179

Sumner, Mississippi 38957-0179

Re: Mayor Serving Supervisor

Dear Mr. Henderson:

Attorney General Mike Moore has received your request for an official Opinion and has assigned it to me for research and reply. You state that the Mayor of the Town of Sumner is a candidate for the office of Tallahatchie County Supervisor. You ask whether it is permissible for the same person to serve as both Mayor of the municipality and supervisor of the county where the town is located.

Please see the attached previous opinion of this office dated May 25, 1994, to Leland James where we stated that one may not simultaneously serve as mayor and county supervisor. Because the office of mayor is in the executive branch of government and the office of county supervisor is in the judicial branch of government, one person serving both offices at the same time would constitute a violation of the separation of powers doctrine.

Please contact this office if you have further questions regarding this matter.

Sincerely,

Mike Moore, Attorney General

Kimberly R. Herring, Special Assistant Attorney General