J.Davis - December 21, 2023 - Simultaneous Service as Sheriff and Member of Community College Board of Trustees

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 21, 2023 Jonathan W. Davis, Esq. Board of Trustees, Mississippi Delta Community College Post Office Box 29 Indianola, Mississippi 38751-0029 Re: Simultaneous Service as Sheriff and Member of Community College Board of Trustees Dear Mr. Davis: The Office of the Attorney General has received your request for an official opinion. Question Presented May a member of the board of trustees of a community college, who is later elected to the public office of sheriff, continue to serve on the board of trustees? Brief Response Yes. A sheriff and a member of a community college board of trustees both serve within the executive branch, and the separation of powers doctrine does not prohibit a person from holding more than one position in the same branch of government. Applicable Law and Discussion The scope of this opinion is limited to whether simultaneous service in two public positions violates the separation of powers doctrine. We refer you to the Mississippi Ethics Commission regarding potential conflicts of interest or other ethical implications arising out of simultaneous service. The powers of the government of the state of Mississippi are divided into three distinct departments: the legislative branch, the judicial branch, and the executive branch. MISS. CONST. art. I, § 1. The separation of powers doctrine prohibits a person from holding positions in two different branches of government if both positions exercise “core powers” within their respective branch. See MISS. CONST. art. I, § 2; MS AG Op., Hudson at *1 (June 26, 2020). “‘Core power’ Jonathan W. Davis, Esq. December 21, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 has been defined by the Court to include those circumstances ‘where the acts are ongoing and are in the upper level of governmental affairs and have a substantial policy-making character.’” MS AG Op., Hudson at *1 (quoting Dye v. State, 507 So. 2d 332, 343 (Miss. 1987)). Turning to the specific question at hand, this office has opined that a member of a community college board of trustees “exercises powers at the core of the executive branch.” MS AG Op., Wiggins at *1 (Aug. 30, 2013). Likewise, the Mississippi Supreme Court has provided that a “sheriff is a member of the executive branch of government.” Lewis v. Hinds Cnty. Cir. Court, 158 So. 3d 1117, 1124 (Miss. 2015) (citing MISS. CONST. art. V, § 138; Miss. Code Ann. § 19-25-35). Because a sheriff and a member of a community college board of trustees both serve within the executive branch of government, simultaneous service in these positions does not violate the separation of powers doctrine. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General