C.Palmer - December 8, 2020 - Simultaneous service on school boards

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 December 8, 2020 Carlos D. Palmer, Esquire Attorney for Clarksdale Municipal School District Post Office Box 272 Greenwood, Mississippi 38935 Re: Simultaneous service on school boards Dear Mr. Palmer: The Office of the Attorney General has received your request for an official opinion. Issue Presented You ask if there is any legal prohibition against one serving simultaneously on a public school board and the board of a charter school. You further ask if it would make a difference if the two boards are within the same county. Brief Response Since all school boards are in the executive branch of government, there would be no violation of the separation of powers doctrine. This finding is unaffected by the fact that both boards govern schools located in the same county. However, potential violations of our conflict of interest laws must be addressed by the Mississippi Ethics Commission. Applicable Law & Discussion Sections 1 and 2 of the Mississippi Constitution of 1890, as interpreted by the Mississippi Supreme Court in Dye v. State, prohibit an officer of one branch of government from performing a function “at the core” of power belonging to either of the other two branches. 507 So. 2d 332 (Miss. 1987); MS AG Op., Simmons (June 10, 2011). We have previously opined that a school board member is an officer of the executive branch of government. MS AG Op., Simmons at *1 (June 10, 2011); MS AG Op., Chaney at *1 (May 16, 2003). This office is of the opinion that a charter school board member is also an officer in the executive branch of government. Accordingly, since both boards are in the executive branch of Carlos D. Palmer, Esq. December 8, 2020 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 government, there can be no separation of powers violation by simultaneously serving on both boards. This finding is unaffected by the fact that both boards govern schools located in the same county. However, we caution that you should seek advice from the Mississippi Ethics Commission as to whether such dual service would or could result in a violation of Mississippi’s laws governing ethics and conflicts of interest. 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/ Phil Carter Phil Carter Special Assistant Attorney General