Mississippi Advisory Opinions September 19, 1994: AGO 94-0584 (September 19, 1994)

Advisory Opinion Text

Stanford Young, Esquire

Attorney for Wayne County Board of Education

Post Office Box 372

Waynesboro, Mississippi 39367

Re: Election Commissioner/School Custodian

Dear Mr. Young:

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

At the request of the wayne County Board of Education, I ask the following question:

Mr. James Mozingo would like to be custodian at the Beat Four Attendance Center in Wayne County. However, he is an election commissioner. Would this be a conflict of interest since the School Board is an elected Board, and Mr. Mozingo supervises the Board's election?”

In response to your inquiry we know of no prohibition against an election commissioner being employed by a county school board. It is suggested that a commissioner so employed recuse himself from the process of reviewing and ruling on the qualifications of candidates for positions on the school board and any other matters before the commission that have a direct impact on who is to be certified as the winning candidate(s) in an election for membership on the county board of education.

Sincerely,

Mike Moore, Attorney General.

Phil Carter Assistant Attorney General.