Mississippi Advisory Opinions April 22, 1980: AGO 000001533 (April 22, 1980)

AGO 000001533.

Dear Representative Horton:

Attorney General Allain has received your letter of request dated April 15, 1980, and has assigned it to me for research and reply. Your inquiry states as follows:

"I would like to request a written opinion on a matter of concern to a constituent of mine. Mr. Danny Robbins, a citizen of Pontotoc County, is an employee of the Tupelo School System in Lee County. Mr. Robbins has expressed a desire to enter the campaign for a position on the Pon- totoc County School Board this year.

In your opinion, are there any prohibitions or conflicts in the law which will affect Robbins 1 candidacy for the school board?"

As you know, by virtue of Mississippi Code Annotated 7-5-25 (1972) the Attorney General is allowed to give his opinion in writing only to certain designated officials upon questions of law related to their respective offices. Although your request involves a school matter and we are barred from rendering an of- ficial opinion, we are providing you with copies of a statute and former opinions related to the subject. Also, in a prior telephone conversation with Mr. Robbins, it was learned he was concerned there may be a further conflict of interest because his wife teaches in the Pontotoc County School System and so we are also providing information pertinent to that inquiry.

Attached is an opinion addressed to Mr. Jessie Lee Taylor dated September 3, 1976, regarding a conflict where he wished to serve on the school board and continue to hold his teaching job with that board.

This office found such a situation was prohibited by Mississip- pi Constitution 109 which condemns a public official from having any interest in a contract with a board of which he may be a mem- ber. However, you will note that Mr. Robbins' situation differs in that he would be employed as a teacher by the Tupelo board but serve on the Pontotoc County School Board so that he would not be acting upon his own contract for employment. As to his wife's em- ployment by the board upon which he wishes to serve, we are attach- ing copies of Mississippi Code Annotated 37-9-21 (1972) and opin- ions to Representative Mark Chaney, dated October 9, 1973, and to Cohen Holland, dated August 28, 1978.

If we can be of further benefit, please do not hesitate to contact us.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Susan L. Runnels Special Assistant Attorney General

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