Who has to write up the minutes for a Mississippi county board of supervisors meeting, the chancery clerk or someone else?

Plain-English summary

The president of the Quitman County Board of Supervisors asked the AG a basic but practical governance question: under Miss. Code Ann. § 19-3-27, what exactly is the chancery clerk's responsibility when it comes to board minutes? Just keeping them, or also creating them?

The AG's answer: both. The chancery clerk, who serves as clerk of the board of supervisors under Section 170 of the Mississippi Constitution, has the duty to take, prepare, and present minutes, not merely safeguard them. That means recording all actions of the board on the minutes is part of the chancery clerk's official duty.

That said, the AG flagged a workable accommodation. A board of supervisors may appoint another person, in addition to the clerk, to draft the minutes for the board's approval. That person is often called a "recording clerk." But appointing a recording clerk does not relieve the board of paying the chancery clerk's mandatory statutory fees and compensation. Recording clerks are an addition, not a substitute.

A properly appointed deputy chancery clerk can also perform all the duties the chancery clerk may lawfully perform, under Miss. Code Ann. § 9-5-133. The board cannot require the chancery clerk to personally do the work as long as a deputy is doing it correctly and on time. Deputy clerks are paid by salary, so all minute-related fees still accrue to the chancery clerk's office.

Currency note

This opinion was issued in 2020. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

The structural starting point is Section 170 of the Mississippi Constitution of 1890: "[t]he clerk of the chancery court shall be the clerk of the board of supervisors." This is a constitutional assignment of the role; counties cannot reassign it by ordinance.

Section 19-3-27 then specifies what the clerk's duties as clerk of the board look like:

. . . to keep and preserve a complete and correct record of all the proceedings and orders of the board. He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend. He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required.

The phrase "to keep and preserve a complete and correct record" reads as a maintenance duty. The phrase "shall enter on the minutes the names of the members" is an active drafting duty. The AG opinion in Sherard (Oct. 10, 1997) read these together to mean the clerk must "take, prepare and present the minutes" by recording all actions, not just hold the binder.

Boards in practice often want a designated note-taker who is not the chancery clerk, sometimes a board secretary, sometimes a separately employed minute clerk. The AG opinion confirms this is permissible. The Sherard line of opinions allows a board to appoint a recording clerk in addition to the chancery clerk. But:
- The chancery clerk remains the legally responsible officer
- The board still owes the chancery clerk all mandatory statutory fees and compensation
- The recording clerk's draft is just that, a draft. The chancery clerk's certification and the board's approval remain the legal acts that make the minutes official

Section 9-5-133 lets a properly appointed deputy chancery clerk perform any act or duty the chancery clerk could lawfully do. The board cannot insist the elected chancery clerk personally take minutes if a deputy is doing the work properly. The deputy is paid by salary, so the fees still accrue to the chancery clerk's office and underwrite that salary.

Common questions

Q: Can the board fire the chancery clerk for refusing to prepare minutes?
A: No. The chancery clerk is a constitutional officer separately elected. The board's remedy if the chancery clerk fails to perform duties is more limited, typically through judicial proceedings or, in extreme cases, removal proceedings. The opinion does not address that, but the chancery clerk's role is constitutionally protected.

Q: Who pays a recording clerk?
A: The county pays, since the recording clerk is performing work for the county board. The opinion does not specify the funding source; that is a budgeting decision.

Q: Does appointing a recording clerk reduce what the county pays the chancery clerk?
A: No. The board "must still pay the chancery clerk all fees and compensation that are mandatory under Mississippi law." That compensation does not depend on whether the chancery clerk personally drafted the minutes.

Q: Can a deputy chancery clerk attend board meetings instead of the elected clerk?
A: Yes. Section 9-5-133 lets a properly appointed deputy perform all the duties the chancery clerk may lawfully perform. As long as the duty is properly and timely performed, the board cannot require the elected clerk to attend personally.

Q: Can the chancery clerk delegate the entire minute-keeping function?
A: To a deputy, yes. To a non-deputy recording clerk hired by the board, only as a draft producer. The chancery clerk's official duty to keep, preserve, and certify the minutes does not transfer.

What this means for you

For chancery clerks: Section 19-3-27 makes minute-taking part of your statutory duty, not just a service. If a board wants to use a recording clerk for the actual drafting, that is allowed, but make sure you remain the certifying officer of record, and ensure the board does not reduce your statutory compensation in connection with the arrangement.

For boards of supervisors: You can hire a recording clerk to assist with minute drafting, and you can require a deputy clerk to attend in place of the elected chancery clerk if necessary. What you cannot do is treat the chancery clerk as optional or skip statutory fees.

For county administrators: Build a clear workflow: who drafts, who reviews, who certifies. The chancery clerk has to certify; the board approves. A recording clerk can help but cannot replace either step.

For deputy chancery clerks: Section 9-5-133 lets you do everything the chancery clerk can. If you are properly appointed and the board questions whether you can attend a meeting, the answer is yes.

Citations and references

Constitutional provisions:
- Mississippi Constitution, Section 170 (chancery clerk serves as clerk of the board of supervisors)

Statutes:
- Miss. Code Ann. § 19-3-27 (chancery clerk's duty to keep, preserve, and enter minutes of the board)
- Miss. Code Ann. § 9-5-133 (deputy chancery clerk authority)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/08/M.Killebrew_July-31-2020-Minutes-of-the-Board-of-Supervisors.pdf

Original opinion text

July 31, 2020

The Honorable Manuel Killebrew
President, Quitman County Board of Supervisors
1314 Martin L. King Drive
Marks, Mississippi 38646

Re: Minutes of the Board of Supervisors

Dear Mr. Killebrew:

The Office of the Attorney General has received your request for the issuance of an official opinion.

Issue Presented

What is the responsibility of the chancery clerk, pursuant to Miss. Code Ann. Section 19-3-27, to take, prepare and present minutes for the meetings of the board of supervisors?

Brief Response

Section 19-3-27 imposes a duty upon the clerk of the board of supervisors not only to keep and preserve the minutes but also to create or make the minutes by entering on them actions taken by the board; however, it is within the discretion of the board of supervisors to appoint another person, in addition to the clerk, to draft the minutes for the board's approval.

Applicable Law

Section 170 of the Miss. Const. of 1890 states, in part, that "[t]he clerk of the chancery court shall be the clerk of the board of supervisors."

Pursuant to Section 19-3-27, the clerk of the board of supervisors is obligated:

. . . to keep and preserve a complete and correct record of all the proceedings and orders of the board. He shall enter on the minutes the names of the members who attend at each meeting, and the names of those who fail to attend. He shall safely keep and preserve all records, books, and papers pertaining to his office, and deliver them to his successor when required.

We have previously opined that Section 19-3-27 imposes the duty upon the chancery clerk not only to keep and preserve a complete and correct record, but also to "take, prepare and present the minutes" by recording all actions of the board. See, MS AG Op., Sherard (October 10, 1997).

Though the duty is imposed upon the chancery clerk as the clerk of the board of supervisors to prepare and keep the minutes, it is within the discretion of the board of supervisors to appoint another person, in addition to the clerk, to draft the minutes for the board's approval. MS AG Op., Sherard (October 10, 1997). If the board hires a recording clerk to draft the board's minutes, the board must still pay the chancery clerk all fees and compensation that are mandatory under Mississippi law.

In addition, a properly appointed deputy chancery clerk may, pursuant to Miss. Code Ann. Section 9-5-133, perform all the acts and duties which the chancery clerk may lawfully do. In fact, the board of supervisors may not require the chancery clerk to personally perform his/her official duties so long as the duties incumbent upon the chancery clerk are properly and timely performed by a deputy. See, MS AG Op., Johnson (January 9, 1998). Likewise, however, all fees still accrue to the chancery clerk as deputy clerks are compensated by a salary. MS AG Op., Johnson (January 9, 1998).

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