J. Butler - May 1, 2025 - Separation of Powers

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 May 1, 2025 The Honorable Jefferick Butler President, North Bolivar Consolidated School District Board of Trustees Post Office Box 290 Duncan, MS 38740 Re: Separation of Powers Dear Mr. Butler: The Office of the Attorney General has received your request for an official opinion. Question Presented Does the separation of powers doctrine prohibit a school board member from concurrent service as a city alderman? Brief Response The separation of powers doctrine prohibits a school board member from concurrent service as a city alderman because a school board member exercises core powers in the executive branch of government, and a city alderman exercises core powers in the legislative branch of government. Applicable Law and Discussion 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’ has been defined by the Mississippi Supreme 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 (citing Dye v. State, 507 So. 2d 332, 343 (Miss. 1987)) (internal citations omitted). “[A] school board member is in the executive branch of government.” MS AG Op., Simmons at *1 (June 10, 2011) (citing MS AG Op., Gregg (Sept. 18, 1979), MS AG Op., Chaney at *1 (May 16, 2003)). Further, school board members “are at the ‘core of power’ in the executive branch of government according to the standard set forth in Dye.” MS AG Op., Simmons at *1. Hon. Jefferick Butler May 1, 2025 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 Mississippi Code Annotated Section 21-3-15(2)(a) provides in pertinent part that “[t]he legislative power of the municipality shall be exercised by the board of aldermen. . . .” This office has previously opined that a member of the board of aldermen in a code charter municipality serves within the legislative branch of government. MS AG Op., Collins at *2 (May 30, 2008) (internal citations omitted). Accordingly, “boards of aldermen exercise core powers of the legislative department of municipal government.” MS AG Op., Beshears at *1 (Jan. 18, 2013) (internal citations omitted). Because the positions of school board president and city alderman exercise core powers within the executive and legislative branches of government, respectively, the separation of powers doctrine prohibits concurrent service in both positions. For further guidance, we refer you to the Mississippi Ethics Commission. 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/ Caleb A. Pracht Caleb A. Pracht Special Assistant Attorney General