Mississippi Advisory Opinions October 10, 1988: AGO 000008421 (October 10, 1988)

AGO 000008421.

Dear Mr. Crow:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply. Your letter states: "This office represents the Board of Supervisors of Yalobusha County who have requested this office to obtain an official opinion from your office concerning the following facts: Mrs. Jerleen Harris was appointed by the Board of Supervisors of Yalobusha County, Mississippi on May 2, 1988 to the position of Supervisor of District 1 of Yalobusha County. Prior to the aforementioned date her husband, Mr. Wayne C. Harris, was the duly elected Supervisor of said district. Mr. Harris died suddenly approximately one (1) week before the aforementioned appointment. A question has arisen as to repairs to the road equipment of Supervisory District I. We are aware of Section 19-13-21 of the Mississippi Code of 1972 concerning repairs to road equipment. The Board desires to know whether the restriction contained within the aforementioned statute concerning repairs made after July 1 of the last year of a term of office of Mrs. Harris. Does this statute apply to her concerning repairs to her road equipment? Please issue an opinion concerning this question at your earliest convenience. Under the provisions of Section 23-15-833 and 23-15-839 Miss. Code Ann. (Supp. 1987) the District 1 supervisor appointed May 2, 1988 would serve until the position is filled by special election to be held November IS, 1988. As you point out Section 19-13-21 Miss. Code Ann. (1972) provides in part: "However, if any repairs herein permitted to be made after the first day of July of the last year of the term of office of the members of the board making such repairs shall exceed the sum of five hundred dollars ($500.00), such repairs shall not be made unless and until the board of supervisors, or a majority of the members thereof, shall have authorized the making of such repairs at a regular meeting of such board, or a special meeting called for that purpose." (emphasis added). It is the opinion of this office that the restriction contained within Section 19-13-21 supra, does not apply to the factual situation stated in your letter but rather applies to the last year of the term of office, i.e. July 1, 1991.

Very truly yours, MIKE MOORE, ATTORNEY GENERAL BY: SAMUEL W. KEYES, JR. ASSISTANT ATTORNEY GENERAL SWK,Jr.:dw