Can the same person serve on a public school board and a charter school board in Mississippi at the same time?

Plain-English summary

The attorney for the Clarksdale Municipal School District asked whether one person could sit simultaneously on a traditional public school board and on a charter school board, and whether the answer changed if both schools were in the same county.

The AG focused on the separation-of-powers question. Mississippi's Constitution prohibits a person from holding office in more than one branch of government at the same time, but the test (from Dye v. State) is whether the offices belong to different branches. The AG concluded that both school boards belong to the executive branch, so dual service is not a separation-of-powers problem. Same county or different county does not change that.

The AG added a separate caution: conflict-of-interest questions are not a separation-of-powers issue. It told the requester to seek advice from the Mississippi Ethics Commission on whether the dual service would violate Mississippi's ethics and conflict-of-interest laws. The AG did not analyze those laws.

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.

What the opinion said for each audience, at the time

For people considering school board service in 2020

The opinion held that the separation-of-powers doctrine did not bar serving on a public school board and a charter school board at once. It did not, however, clear the dual service of all legal concerns. The AG expressly declined the conflict-of-interest question and told the requester to seek advice from the Mississippi Ethics Commission on whether the dual service would violate Mississippi's ethics and conflict-of-interest laws.

For school board attorneys and superintendents

The opinion confirmed that the separation-of-powers question, often the first one asked about dual office-holding, was not a barrier here. Both boards sit in the executive branch. The opinion did not decide whether ethics rules permitted the dual service; it referred that question to the Ethics Commission.

For charter school operators

The opinion clarified that serving on a charter school board while also serving on a traditional public school board was not blocked by the separation-of-powers doctrine. The opinion did not endorse dual service or analyze any ethics question; it confirmed only that there was no separation-of-powers bar.

Common questions

Q: What is "separation of powers" and why did it come up here?
A: Mississippi's Constitution (Sections 1 and 2 of the 1890 Constitution) divides government into three branches and bars an officer of one branch from performing functions "at the core" of another branch's power. The Mississippi Supreme Court applied this in Dye v. State, 507 So. 2d 332 (Miss. 1987). When someone holds two offices, the first question is whether those offices are in different branches.

Q: Are charter school boards really in the executive branch?
A: According to the AG, yes. Mississippi had previously held that traditional school board members are executive-branch officers (citing the Simmons 2011 and Chaney 2003 opinions). The AG extended that reasoning to charter school board members, treating them as executive-branch officers as well.

Q: Did being in the same county matter?
A: No, per the opinion. Same county or different county, the separation-of-powers analysis was the same: both boards are in the executive branch, so no separation-of-powers violation. (Practical conflicts get worse in the same county, but that is an ethics question, not a constitutional one.)

Q: Did the opinion clear the dual service of all legal problems?
A: No. The AG decided only the separation-of-powers question. It expressly cautioned the requester to seek advice from the Mississippi Ethics Commission on whether the dual service would violate Mississippi's ethics and conflict-of-interest laws. The AG did not analyze those laws itself.

Q: Who decides the conflict-of-interest question?
A: The Mississippi Ethics Commission. The opinion pointed the requester there and did not opine on whether any ethics or conflict-of-interest violation existed.

Background and statutory framework

Mississippi authorizes public charter schools that operate independently of traditional school districts under contracts with the Mississippi Charter School Authorizer Board, and their governing boards are separate from the traditional school district boards in their geographic area. As charter schools opened, questions arose about overlap with traditional public school governance.

The separation-of-powers framework in Mississippi requires identifying which branch each office belongs to. School boards have always been treated as executive-branch bodies under Mississippi law because they administer state education laws and policies, rather than legislating or adjudicating. Extending that classification to charter school boards followed naturally: charter boards also administer state education policy, just within a different operational structure.

The opinion did not address other dual-office concerns, like statutes that specifically prohibit a person from holding two enumerated offices, or local board policies barring members from holding outside positions. Those would need separate review.

Citations and references

Constitutional provisions:

• Miss. Const. art. 1, §§ 1-2 (separation of powers)

Cases:

• Dye v. State, 507 So. 2d 332 (Miss. 1987), separation of powers doctrine, an officer of one branch may not perform a "core" function of another branch

Prior AG opinions cited:

• MS AG Op., Simmons (June 10, 2011), school board members are executive-branch officers
• MS AG Op., Chaney (May 16, 2003), same

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2020/12/C.Palmer_December-8-2020-Simultaneous-service-on-school-boards.pdf

Original opinion text

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 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