Mississippi Advisory Opinions June 23, 1993: AGO 000006826 (June 23, 1993)

AGO 000006826.

Dear Mr. Smith:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. A copy of your letter is attached for reference. Briefly, your letter outlines a policy which has been adopted by the Hinds County Board of Supervisors (the Board) to elect the President and Vice- President of the Board. As we understand that policy, at each January meeting the Board elects the Vice-President/President- elect. That individual serves as Vice-President during the year of his election and serves as President during the following year. The letter notes that the supervisor who was elected Vice- President/President-elect in January, 1993 was subsequently elected to the U.S. Congress thereby vacating the office of supervisor. Since the adopted policy does not address how such situation is to be handled, your question is how should the Board proceed to fill the current vacancy in the office of Vice- President/President-elect? Specifically, you present the following two (2) questions:

"1. Since the policy adopted by the Board of Supervisors does not address the issue of a vacancy in the officers' positions, is it proper for the Board to elect a replacement to the Vice President/President- elect position before the vacant position in the District 2 Supervisor's position has been filled by special election?

2. If it is proper for the Vice President/President- elect position to be filled at this time, does a new vote need to take place in January, 1994, after the District 2 Supervisor's position has been filled by election, to ratify or otherwise formalize the process of seating a President for the 1994 year?"

We understand that an interim appointment has now been made to fill the vacancy in the office of District 2, Hinds County Supervisor pending a special election to be held in November, 1993.

Without commenting on the policy adopted by the board and in response to your first question, Mississippi Code Annotated Section 19-3-7 (1972) requires the appointment of a President and Vice-President and, in our opinion, contemplates that each of those offices be occupied continuously insofar as is possible.

Therefore, we are of the opinion that the Board should proceed to elect a Vice President. Regarding your second question, and again without commenting on your local policy, we are of the opinion that the Board would not be required to go through the process of electing a Vice President again in January, 1994 following the special election for Supervisor, District 2.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY: Phil Carter Assistant Attorney General

PC:mfd Enclosure