MS 2021-05-S-Mallory-May-14-2021-Requirements-for-Higher-Education-Representative-on-the-La May 14, 2021

Does the higher-education member of Mississippi's police-training board have to be a full-time university employee?

Short answer: The 2021 opinion concluded that Mississippi's Board of Law Enforcement Officer Standards and Training Board did not require its 'higher education representative' under § 45-6-5(2)(a) to be a full-time higher-education employee. The statute imposed only two requirements: (1) the member must be a representative of higher education (as determined by the Governor), and (2) must hold a degree in corrections, criminal justice, or public administration. Status as retired full-time faculty (now adjunct) satisfied both.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

Plain-English summary

Stephen L. Mallory, Ph.D., served on the Mississippi Board of Law Enforcement Officer Standards and Training (LEOST) as the "higher education representative." He had retired as a tenured professor at the University of Mississippi in May 2020 and was about to start as an adjunct professor in fall 2021. He asked whether full-time higher-education employment was required, in case his retirement and adjunct status meant he no longer qualified.

The AG read the statute literally. Section 45-6-5(2)(a)(iv) requires the higher-education representative to:
1. Be a "representative of higher education" (as determined by the Governor in making the appointment).
2. Have a degree in corrections, criminal justice, or public administration.

The statute does not impose any specific employment requirement. A Ph.D. who had spent decades in academia, retired, and was about to teach part-time as an adjunct still fit the broad concept of "representative of higher education." The AG also contrasted this with other Board positions (police chief, sheriff, district attorney, rank-and-file officer), which do impose specific employment requirements. The statutory difference confirmed the legislature's intent: the higher-education slot was not employment-status-specific.

So Dr. Mallory could continue to serve through the end of his appointment in April 2022 without violating the statute.

Currency note

This opinion was issued in 2021. 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 Mississippi LEOST Board members and prospective appointees

The 2021 opinion clarified that the higher-education representative position was relatively open in qualifications: any person with a corrections/criminal-justice/public-administration degree who could reasonably be called a "representative of higher education" qualified, regardless of their current employment status. Retired faculty, adjunct faculty, university administrators, and university employees in non-faculty roles all could fit.

For the Governor making appointments

The Governor's role was to determine, on the facts, whether the proposed appointee was a "representative of higher education." That gave the Governor flexibility to consider various candidates, but did require some good-faith assessment of the higher-education connection.

For other Mississippi boards with similar position descriptions

The reasoning generalized: when a statute calls for a "representative" of a sector without specifying employment status, the appointment can be filled by qualified retired or part-time members of that sector. When the statute does specify employment (e.g., "shall be employed as a police chief"), the employment requirement is real.

For citizens watching state board appointments

The 2021 framework allowed continuity in board service even as members transitioned from full-time work to retirement or part-time arrangements. That was probably good for institutional knowledge but could be challenged on grounds that it allowed dilution of the "active practitioner" element these boards were designed to capture.

Common questions

Q: What is the LEOST Board?
A: The Mississippi Board of Law Enforcement Officer Standards and Training, established under § 45-6-1 et seq. It sets training standards for Mississippi law enforcement officers, certifies training programs, and oversees the entry-level and continuing education requirements for police, deputies, and other officers.

Q: How is the LEOST Board composed?
A: Section 45-6-5 specifies thirteen members. The Governor appoints six (two municipal police chiefs, one sheriff, one district attorney, one higher-education representative, one rank-and-file officer). The other seven come from various other appointing authorities and ex officio positions.

Q: Why does the higher-education position have a degree requirement?
A: To ensure the representative has substantive expertise in fields relevant to law enforcement training. Corrections, criminal justice, and public administration degrees are the three fields the legislature considered relevant. The degree can be from any accredited program, in or out of Mississippi.

Q: Could a private-sector criminal-justice expert qualify?
A: The statute requires the person to be a "representative of higher education." A private-sector expert without ongoing higher-education affiliation might struggle on that prong, even with a qualifying degree. The reading is fact-specific and the Governor makes the call.

Q: What if the appointee retires mid-term?
A: Per the 2021 opinion, retirement does not automatically disqualify. The continuing question is whether the person remains a "representative of higher education." A retired professor who maintains adjunct status, ongoing research affiliation, or other connection to academia would generally still qualify.

Q: What about the other Board members (police chief, sheriff, etc.)?
A: Those positions explicitly require current employment in the named role. A police chief's term on the Board is implicitly tied to continuing to be a police chief. A retired police chief would not qualify for that slot. The contrast between the explicit-employment positions and the higher-education position confirms the legislature's intent for the higher-education slot to be more flexible.

Background and statutory framework

The Mississippi Board of Law Enforcement Officer Standards and Training Board is part of a national pattern of state-level law enforcement standards bodies (POSTs in some states). These boards set entry-level academy requirements, in-service training, and certification/decertification standards. The composition typically includes a mix of practitioners (chiefs, sheriffs, line officers) and outsiders (academic experts, prosecutors, civilian representatives).

The Mississippi statute's choice to mix specific-employment positions with a more flexible higher-education position likely reflects an effort to balance practitioner knowledge with academic perspective. Active practitioners bring current operational experience; the higher-education representative brings research-based perspective and curriculum design expertise.

The 2021 opinion is consistent with how courts and AGs across the country have read similar position descriptions: when the statute describes the role rather than the employment status, the role can be satisfied without continuous full-time employment. Strict-employment requirements have to be expressly written.

Citations and references

Statutes:
- Miss. Code Ann. § 45-6-1 et seq., Mississippi Board of Law Enforcement Officer Standards and Training Board statutes
- Miss. Code Ann. § 45-6-5(2)(a), composition of the Board, six Governor-appointed members
- Miss. Code Ann. § 45-6-5(2)(a)(iv), higher-education representative requirements (representative of higher education plus qualifying degree)

Source

Original opinion text

May 14, 2021

Stephen L. Mallory, Ph.D., CPM
Board of Law Enforcement Officer Standards & Training
2855 Gore Springs Road
Gore Springs, Mississippi 38929

Re: Requirements for Higher Education Representative on the Law Enforcement Officer Standards and Training Board

Dear Dr. Mallory:

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

Background

In your request, you provide:

I am currently serving on the [Law Enforcement Officer Standards and Training Board] as a representative for higher education. I retired as a full tenured professor at the University of Mississippi in May of 2020. I have a Ph.D. in Educational Leadership from the University of Mississippi and am retired from the Mississippi Bureau of Narcotics as a Deputy Director having served twenty-five years. I will be an adjunct professor for the University of Mississippi and will teach one course a semester, but will begin in the fall of 2021 due to the COVID pandemic resulting in a decreased number of in person classes . . . I plan to continue to teach part time as an adjunct professor until my current appointment expires in April 30 of 2022.

Question Presented

Must the higher education representative on the Law Enforcement Officer Standards and Training Board (the "Board") be a full-time higher education employee?

Brief Response

No. The Board member appointed, pursuant to Section 45-6-5(2)(a), must be a "representative of higher education", a fact determination made by the Governor. The statute does not impose any specific employment requirements on the representative of higher education.

Applicable Law and Discussion

The Board was created pursuant to Section 45-6-1, et seq. and consists of thirteen members appointed pursuant to Section 45-6-5. The Governor appoints six members, in accordance with the following:

i. Two (2) members, each of whom is a chief of police of a municipality in this state, with one (1) of the appointees being appointed from a municipality having a population of less than five thousand (5,000) according to the latest federal decennial census.
ii. One (1) member who is a sheriff in this state.
iii. One (1) member who is a district attorney in this state.
iv. One (1) member who is a representative of higher education and who has a degree in one (1) of the following areas of study: corrections, criminal justice or public administration.
v. One (1) member who is a nonsupervisory rank-and-file law enforcement officer.

Miss. Code Ann. § 45-6-5(2)(a) (emphasis added).

This statute does not impose any specific employment requirements on the representative of higher education called for in Section 45-6-5(2)(a)(iv). Accordingly, there is no statutory requirement that such individual be an employee, full or part-time, of any particular employer. This can be contrasted with other appointed Board members. For example, the other Board members appointed by the Governor must be employed or elected in specific positions at the time of their appointment, as a police chief, sheriff, district attorney, or nonsupervisory rank-and-file law enforcement officer.

It is, therefore, the opinion of this office that Section 45-6-5(2)(a) must be read and interpreted according to its plain language and, as such, places only two requirements on those eligible for appointment as the representative of higher education. First, the individual must serve as a representative of higher education, as determined by the Governor, and second, the member must have a degree in corrections, criminal justice or public administration.

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/ Abby Cummings
Abby Cummings
Special Assistant Attorney General