Mississippi Advisory Opinions August 29, 1997: AGO 000012189 (August 29, 1997)

AGO 000012189.

Dear Mr. Smith:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter has been attached for reference. You state in your letter in pertinent part:

The Supervisor of the Fourth District of Adams County resigned from the Board on August 5, 1997, to assume a seat in the Mississippi Legislature. A resolution giving notice to the Commissioners of Election was adopted on that date, and a special election will be held on the first Tuesday after the first Monday in November of 1997 pursuant to Section 23-15-833 of the Code.

In view of the fact that a special election is eminent, is the Board required to appoint someone to fill the vacancy or may the Board wait for the vacancy to be filled by the electorate of District Four?

This office has previously opined that a vacancy on a county board of supervisors must be filled in accordance with Section 23-15-839, Miss. Code Ann. Section 23-15-839 requires that the remaining members of the board of supervisors appoint an eligible person to serve until a special election is conducted to fill the remainder of the unexpired term. MS AG Op., Higginbotham (May 12, 1993), attached. Therefore, the Board must appoint someone to fill the vacancy until such time as the seat is filled by special election.

If this office can be of any further assistance, please let us know.

Very truly yours,

MIKE MOORE,

ATTORNEY GENERAL

By: Sandra M. Shelson

Special Assistant Attorney General