Does the rule against cross-district nominations to the Mississippi Gulf Coast Convention Bureau apply to all 9 county-appointed members or just the 5 district-tied seats?
Plain-English summary
The Mississippi Gulf Coast Regional Convention and Visitors Bureau has a 15-member board, with the Harrison County Board of Supervisors appointing 9 of those members. The 2013 enabling legislation says: "(n)o supervisor may nominate any person from another supervisor's district to be a member of the bureau."
The Board attorney asked whether this prohibition applies to all 9 appointed seats or only to the 5 seats tied to specific supervisors' districts.
The AG: all 9.
Section 3(2)(a) of HB 1716 (2013) requires the Board to appoint 9 members "with at least one (1) member from each district of a supervisor upon the recommendation of such supervisor. No supervisor may nominate any person from another supervisor's district to be a member of the bureau…."
The Mississippi Supreme Court's Chandler case sets the rule: when statutory language is "plain and unambiguous and conveys a clear and definite meaning, there is no occasion to resort to rules of statutory interpretation." The 2007 Collins opinion (citing Marx v. Broom) confirms the meaning of an unambiguous statute cannot be restricted or enlarged.
HB 1716 says "no supervisor may nominate any person from another supervisor's district." No carve-out for the additional 4 seats beyond the 5 district-tied ones. The prohibition applies to all 9 nominations.
Section 7-5-25 limits AG opinions to prospective questions; the AG declined to validate or invalidate past appointments, providing only forward-looking guidance.
What this means for you
For Harrison County supervisors
When nominating any of the 9 Bureau members, only nominate residents of your own district. The first 5 are required (one per supervisor's district); the additional 4 are still subject to the same nomination restriction.
Practical effect: each supervisor can only nominate residents of their own supervisor district for any of the 9 seats. If you want to nominate someone from another supervisor's district, even for a non-district-specific seat, you can't.
For coordination: since 4 seats aren't tied to specific districts but are still subject to the cross-district nomination bar, supervisors need to coordinate to fill them. Each supervisor's nominations are limited to their own district residents.
For county attorneys advising similar boards/authorities
When local-and-private legislation has limiting language on appointments, read it strictly. Don't assume carve-outs that aren't expressly stated.
For drafting going forward (or advising the Legislature on amendments), be specific:
- "Five members nominated from the supervisors' respective districts; four members may be nominated from any district within the county"
- Or: "All members must be residents of the county; no supervisor may nominate any person from another supervisor's district"
Ambiguity creates litigation and disputes.
For tourism authority and convention bureau administrators
When members are nominated, verify the nominee's residence is consistent with the nomination rules. Document the nominee's district at appointment.
Term of members and replacement processes should follow the same district rules.
For special district attorneys (other authorities)
The structural rule applies broadly: when a local-and-private law restricts who can be nominated by whom, read the restriction as written. Cross-district nominations are barred wherever the law says so, without implied carve-outs.
For state legislators drafting local-and-private legislation
Be specific about appointment restrictions. If you want different rules for different seats, specify them. If you want a single rule, state it clearly.
The 2013 HB 1716 illustration shows how minor ambiguity creates significant questions years later.
Common questions
Q: What's a "Local and Private Law"?
A: Mississippi-specific term for legislation applying only to a particular locality. Harrison County's Convention and Visitors Bureau is governed by Local and Private legislation rather than general statute.
Q: Why is the Bureau's board 15 members with the county appointing 9?
A: Local-and-private legislation. The other 6 members presumably come from other appointing authorities (cities within Harrison County, related agencies). HB 1716 establishes the structure.
Q: Why have a cross-district nomination bar at all?
A: Likely policy choice to ensure each supervisor's district has resident representation through that supervisor's nominations. Prevents a supervisor from packing the Bureau with non-district allies.
Q: Can a supervisor nominate someone from outside Harrison County entirely?
A: HB 1716 doesn't directly say. The cross-district bar implicitly assumes county residency, but the statutory language addresses district. Outside-county nominations would face other potential challenges (residency requirements, county-specific service obligations).
Q: What if a Bureau member moves to another supervisor's district during their term?
A: HB 1716 may have specific provisions for this. As a general matter, residency-based requirements typically govern initial qualification; mid-term moves may or may not require resignation. Check the specific statute.
Q: Does this affect filling vacancies?
A: Replacement appointments follow the same nomination rules. The supervisor whose district the vacancy comes from nominates the replacement.
Q: What if the Bureau wants to expand to 10 county-appointed members?
A: Only the Legislature can change this through amendment to HB 1716 (Local and Private legislation). The Bureau and Board cannot expand the appointment by themselves.
Q: What about non-resident professional expertise (e.g., a hospitality executive who lives just over the county line)?
A: Not eligible under HB 1716's framework. Cross-district (and likely cross-county) nominations are barred. Professional expertise from non-residents would require legislative amendment.
Q: How are Bureau members compensated?
A: HB 1716 may have provisions on compensation. Generally, Mississippi public-board members receive expense reimbursement and sometimes per diem.
Q: Can the Bureau itself fill vacancies if the supervisor delays?
A: No. The appointment authority rests with the Board of Supervisors based on supervisors' nominations. The Bureau cannot self-perpetuate.
Background and statutory framework
The Mississippi Gulf Coast Regional Convention and Visitors Bureau is established by Local and Private legislation:
- Chapter 926, H.B. No. 1716, Local and Private Laws of 2013: enabling legislation
- Section 3(2)(a): structure of appointments
- 9 members appointed by Harrison County Board of Supervisors
- At least 1 member from each supervisor's district
- "No supervisor may nominate any person from another supervisor's district to be a member of the bureau"
- Other 6 members appointed by other entities (cities, etc.)
Statutory interpretation:
- Chandler v. City of Jackson Civil Service Comm., 687 So. 142, 144 (Miss. 1997): plain and unambiguous statutes apply as written
- MS AG Op., Collins (Feb. 2, 2007) (citing Marx v. Broom, 632 So. 2d 1315, 1318 (Miss. 1994)): unambiguous statutes cannot be restricted or enlarged
AG limits:
- Section 7-5-25: AG opinions are prospective; no validation/invalidation of past appointments
Citations and references
Statutes:
- Miss. Code Ann. § 7-5-25, AG opinion authority
- Chapter 926, H.B. No. 1716 (Local and Private Laws of 2013), Mississippi Gulf Coast Regional Convention and Visitors Bureau
Cases cited:
- Chandler v. City of Jackson Civil Service Comm., 687 So. 142, 144 (Miss. 1997), unambiguous statutes
- Marx v. Broom, 632 So. 2d 1315, 1318 (Miss. 1994), no restriction/enlargement of unambiguous statutes
Prior AG opinions cited:
- MS AG Op., Collins (Feb. 2, 2007), unambiguous statute meaning
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/08/T.Holleman-August-2-2022-House-Bill-No.-1716-2013-Reg.-Session.pdf
Original opinion text
August 2, 2022
Tim C. Holleman, Esq.
Attorney, Harrison County Board of Supervisors
1720 23rd Avenue
Gulfport, Mississippi 39501
Re: House Bill No. 1716 (2013 Reg. Session)
Dear Mr. Holleman:
The Office of the Attorney General has received your request for an official opinion.
Background
The Mississippi Gulf Coast Regional Convention and Visitors Bureau is governed by a 15-member board, with the Harrison County Board of Supervisors appointing nine of the members. Chapter 926, H. B. No. 1716 (Local and Private Laws of 2013). The enabling local and private legislation provides that "(n)o supervisor may nominate any person from another supervisor's district to be a member of the bureau." Id.
Question Presented
Does the prohibition contained in Chapter 926, H. B. No. 1716 (Local and Private Laws of 2013) against a supervisor nominating a person from another supervisor's district to be a member of the Mississippi Gulf Coast Regional Convention and Visitors Bureau apply to the nominations of all nine members appointed to the bureau or only the five members that are required to be appointed from each of the five supervisors' districts?
Brief Response
The legislation establishing the Mississippi Gulf Coast Regional Convention and Visitors Bureau provides that no supervisor may nominate any person from another supervisor's district to be a member of the bureau. This restriction applies to the nominations of all nine bureau members appointed by the Harrison County Board of Supervisors.
Applicable Law and Discussion
As an initial matter, we note that opinions of this office are issued on prospective questions of law pursuant to Mississippi Code Annotated Section 7-5-25. Official opinions do not validate or invalidate past actions. In our phone conversation, you stated that you are seeking this opinion for clarification on future appointments. We offer no opinion on the validity of any past appointments and provide the following for future guidance only.
Section 3(2)(a) of House Bill No. 1716 provides, in part: "The board of supervisors of Harrison County shall appoint nine (9) members of the bureau with at least one (1) member from each district of a supervisor upon the recommendation of such supervisor. No supervisor may nominate any person from another supervisor's district to be a member of the bureau…." Chapter 926, H. B. No. 1716 (Local and Private Laws of 2013) (emphasis added).
"Where the language used by the legislature in a statute is plain and unambiguous and conveys a clear and definite meaning, there is no occasion to resort to rules of statutory interpretation." Chandler v. City of Jackson Civil Service Comm., 687 So. 142, 144 (Miss. 1997). Further, the meaning of an unambiguous statute cannot be restricted or enlarged. MS AG Op., Collins at *1 (Feb. 2, 2007) (citing Marx v. Broom, 632 So.2d 1315, 1318 (Miss. 1994)).
H.B. 1716 unambiguously states that no supervisor may nominate any person from another supervisor's district. The statute does not limit this to a subset of the bureau members. Thus, the prohibition against a supervisor nominating a person from another supervisor's district applies to the nominations of all nine bureau members appointed by the Harrison County Board of Supervisors.
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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General