Mississippi Advisory Opinions April 07, 1993: AGO 93-0076 (April 07, 1993)

Advisory Opinion Text

Hon. Constance Slaughter–Harvey

Assistant Secretary of State

Post Office Box 136

Jackson, Mississippi 39205

Re: Opinion Request—Payment of Bar Membership Dues by Office of Secretary of State

Dear Ms. Slaughter–Harvey:

Attorney General Mike Moore received your request for an opinion from this office, and asked me to respond. You have asked for an opinion on the following inquiry:

Does the Office of the Secretary of State have the legal authority to pay membership dues to the Mississippi Bar on behalf of attorneys employed by the Office of the Secretary of State?

You explain that the Secretary of State employs a number of attorneys in areas dealing with business services, elections, policy, public lands and securities. You also correctly note that membership in the state bar association is mandatory under Mississippi law.

Prior opinions of this office addressing the authority of public agencies to pay professional membership dues on behalf of public employees have identified two criteria which must be met before payment of such dues is legal:

1. The public agency must formally determine that such dues are reasonable and necessary to the performance of the employee's duties; and,

2. The membership must accrue to the benefit of the public agency, and not to the individual.

See opinions addressed to Dr. Ed Ranck, 10/30/92; Hon. Wayne Parker, 7/2/92; Ms. Gayle K. Parker, 12/19/90; Ms. Myrna J. Ammons, 7/16/90; Judge James E. Thomas, 10/22/88; Hon. Nicki Martinson, 10/22/87 (copies attached).

Consequently, it is the opinion of this office that such payments may be made if the Secretary of State makes the determination required under part (1) above, and if your office makes the necessary arrangements to insure that the employee does not personally benefit from the payment of these dues. To insure against such personal benefit, we would advise your office to make arrangements for reimbursement similar to those adopted by the Office of the Attorney General, as noted in the opinion addressed to Dr. Ranck.

I hope this sufficiently answers your inquiry. Please feel free to contact this office if you have additional questions.

MIKE MOORE, ATTORNEY GENERAL

WILSON H. CARROLL, SPECIAL ASSISTANT ATTORNEY GENERAL.