Mississippi Advisory Opinions February 07, 1990: 19900207 (February 07, 1990)

Advisory Opinion Text

Lucien M. Gex, Jr., Esquire

Attorney for Bay Saint Louis - Waveland School District

Post Office Drawer 47

Waveland, Mississippi 39576-0047

Dear Mr. Gex:

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

“I am the attorney for the Bay St. Louis - Waveland School District. The Bay St. Louis - Waveland School District is a municipal separate school district with added territory. An election is to be held on March 3, 1990 to fill the expiring term of one of the trustees from the outside territory. This election will be conducted in accordance with Section 37-7-217 of the Mississippi Code of 1972 . This section, which provides for the conduct of the election, does not specify whether or not the individuals working the polls and performing the same duties as managers and commissioners of elections in other elections can be compensated for their services. Since this District falls under Section 37-7-215(2), the election will be conducted from the hours of 9:00 A.M. til 5:00 P.M. This will require long hours of service by the individuals handling the election. I note that Section 23-15-227, dealing with general elections, provides that the managers and clerks of elections are allowed the sum of $50.00 for each election. I would appreciate it if you would advise me if you know of any provision whereby the Bay St. Louis-Waveland School District may compensate the individuals who are performing the duties of managers and clerks of the election.”

As indicated in your letter the election in question will be conducted pursuant to the provisions of Mississippi Code Annotated §§ 37-7-215(2) and 37-7-217 . Section 37-7-217 contains the statutory provisions which govern the conduct of the election and provides, inter alia , that the qualified electors of the school district “shall meet ... at the time and place or places specified by the board of trustees of the school district and at such meeting the electors shall immediately organize by electing a chairman and a secretary of the meeting and shall thereupon proceed to elect the necessary number of trustees by secret written ballot from the list of candidates properly qualified”. In response to your specific question, we find no provision for the compensation of individuals who conduct this particular type of election.

Sincerely,

Mike Moore, Attorney General