What does it mean that the Mississippi Civil Rights Education Commission is assigned to the Secretary of State 'for administrative purposes only'?

Plain-English summary

Mississippi created the Civil Rights Education Commission and assigned it to the Office of the Secretary of State "for administrative purposes only" (§ 37-13-195(1)). Secretary of State Michael Watson asked the AG to clarify what that phrase actually requires of his office. He wanted answers on five questions: what does "administrative purposes only" mean; what is the SOS's specific role; what monetary obligation falls on the SOS absent a specific appropriation; what authority does the SOS have; and what are the SOS's responsibilities.

The AG distilled it. Statutorily, the substantive curriculum work (incorporating civil rights and human rights education into public school curriculum) is assigned to the State Department of Education under § 37-13-193. The Commission itself is the body that liaises with educators, the legislature, organizations like Teaching for Change, the William Winter Institute for Racial Reconciliation, and others. The SOS's job is the management overhead: day-to-day organizational support, scheduling, communication, and similar functions.

The AG used Black's Law Dictionary's definition of "administrative" as "relating to, or involving the work of managing a company or organization; executive." That framing gives the SOS a managerial-support role without giving the SOS any authority over the Commission's substantive work. The Commission has no power to hire its own staff. The SOS has no power to direct the Commission's policy decisions.

On funding, the answer is sparse: the statute does not specify a monetary obligation, and absent a specific appropriation, none is imposed. The AG suggested the SOS work with the Commission and the State Department of Education to determine what administrative help is needed and how to fund it.

The opinion is a useful reference for anyone trying to interpret "for administrative purposes only" language in other Mississippi statutes assigning boards or commissions to state agencies. The AG cited several parallel examples: the Small Business Regulatory Review Committee assigned to MDA (§ 25-43-4.103), the Maternal Mortality Review Committee assigned to MSDH (§ 41-112-1), the Holocaust Commission also assigned to the SOS (§ 39-29-1), and the Child Death Review Panel assigned to MSDH (§ 41-111-1). The pattern is consistent: substantive authority stays with the assigned commission, administrative overhead goes to the host agency.

What this means for you

If you sit in the Secretary of State's office handling commission-support functions

The Watson opinion gives you a practical scope. Your office handles meetings, minutes, communications, document retention, and similar administrative tasks for the Commission. You do not direct the Commission's positions, allocate the Commission's policy resources, or override the Commission's decisions. If the Commission asks for substantive direction from your office, redirect: that is for the Commission to decide.

On funding: absent a specific line-item appropriation, your office is not required to spend a defined amount on the Commission. The opinion suggests collaborating with the Commission and SDE to determine actual needs. Build the budget conversation into your annual planning if the Commission is active.

If you are a member of the Civil Rights Education Commission

The opinion is helpful because it confirms your substantive autonomy. The SOS is your administrative host, not your supervisor. You set your own agenda, develop your own positions, and pursue your own liaison relationships under § 37-13-195. The State Department of Education is the operational partner for curriculum work under § 37-13-193. Use the SOS for what an administrative host is good for: meeting logistics, document storage, scheduling.

If you serve in the State Department of Education

Curriculum implementation duties are yours under § 37-13-193. The Watson opinion does not change that. The Commission is your liaison and policy resource, not your administrative host. Coordinate with the SOS on logistics for joint meetings.

If you are a state legislator looking at this commission

The funding question is open. § 37-13-195 does not establish a dedicated appropriation. If the Commission is to do substantive work, the legislature can either provide a specific line-item or rely on the SOS to absorb costs from the SOS's existing budget. The Watson opinion implicitly invites legislative attention.

If you are a Mississippi educator, journalist, or researcher interested in civil rights education

The Commission is the policy body; the State Department of Education is the implementation body. Coordinate with both for substantive engagement. Logistics and scheduling questions go to the SOS.

Common questions

Q: What is the Mississippi Civil Rights Education Commission?
A: A commission of up to 15 members (11 voluntary, with rotating three-year terms) that provides or assists education officials and other organizations with information, coordination, and modification of courses or programs that include the Civil Rights Movement. Voluntary positions are filled through a joint committee from the William Winter Institute, Tougaloo College, the Oral History Project at the University of Southern Mississippi, and Jackson State University.

Q: Why is the Commission assigned to the SOS instead of the Department of Education?
A: That is a legislative design choice. The substantive curriculum work goes to the SDE under § 37-13-193. The SOS is just the administrative home, the same way the Holocaust Commission is housed there under § 39-29-1. Many small commissions in Mississippi are administratively housed in agencies whose function is structurally separate from the commission's substantive work.

Q: Does the SOS have to fund the Commission?
A: Absent a specific appropriation, no. The statute does not impose a defined monetary obligation. The SOS is not required to spend a defined amount on Commission activities, and the Commission is not entitled to a defined budget from the SOS.

Q: Who decides what civil rights content goes into Mississippi public school curriculum?
A: § 37-13-193 assigns the State Department of Education to work with the Commission to implement five specific guidelines on civil rights and human rights education. The SDE is the operational body for curriculum.

Q: Can the SOS hire staff for the Commission?
A: The Commission is not authorized to hire staff (§ 37-13-195). Whether the SOS uses its own existing staff to provide administrative support is within the SOS's discretion. Some commissions have a dedicated executive director; this Commission does not.

Q: Are there other Mississippi commissions structured the same way?
A: Several. The opinion cites the Small Business Regulatory Review Committee (assigned to MDA), the Maternal Mortality Review Committee (assigned to MSDH), the Holocaust Commission (assigned to SOS), and the Child Death Review Panel (assigned to MSDH). The "administrative purposes only" model is common for small advisory or coordinating bodies.

Q: What happens if the Commission has no quorum or no members?
A: The opinion does not address that. As a structural matter, a commission without members cannot perform statutory duties. The appointing entities (William Winter Institute, Tougaloo, USM, JSU) are responsible for filling positions.

Background and statutory framework

The Mississippi Civil Rights Education Commission was created by § 37-13-195 to support civil rights and human rights education in Mississippi public schools. Its placement in the SOS for "administrative purposes only" is a common Mississippi legislative pattern that shifts the management burden to a host agency without making the host substantively responsible for the commission's work.

The pattern emerges from a structural quirk: Mississippi's Constitution and statutes generally require that "[a] board or commission has only that authority which has been specifically granted to it by statute or necessarily implied therein" (Delahousey, 2004 AG Op.). Without authority to hire staff, a small commission would have no operational capacity. Assigning it to a host agency for administrative purposes solves the operational problem without creating a new substantive arm of government.

The Watson opinion's interpretation maps the host-and-commission relationship cleanly:
- Host agency: management overhead.
- Commission: substantive policy work.
- Operational partner (here, SDE): implementation in the field.
- Funding: absent specific appropriation, none required.

The opinion's reference to four other commissions (Small Business Regulatory Review, Maternal Mortality Review, Holocaust Commission, Child Death Review Panel) generalizes the principle.

Citations

• Miss. Code Ann. § 37-13-193 (State Department of Education curriculum duties on civil rights education)
• Miss. Code Ann. § 37-13-195 (Mississippi Civil Rights Education Commission)
• Miss. Code Ann. § 37-13-195(1) (Commission assigned to SOS for administrative purposes only)
• Miss. Code Ann. § 37-28-7 (Charter School Authorizer Board, with executive director and staff)
• Miss. Code Ann. § 25-43-4.103 (Small Business Regulatory Review Committee assigned to MDA)
• Miss. Code Ann. § 41-112-1 (Maternal Mortality Review Committee assigned to MSDH)
• Miss. Code Ann. § 39-29-1 (Mississippi Commission on the Holocaust assigned to SOS)
• Miss. Code Ann. § 41-111-1 (Child Death Review Panel assigned to MSDH)
• MS AG Op., Delahousey (Sept. 24, 2004) (boards and commissions limited to specifically granted authority)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2022/10/M.Watson-September-26-2022-Mississippi-Civil-Rights-Education-Commission.pdf

Original opinion text

September 26, 2022
The Honorable Michael Watson
Secretary of State
Post Office Box 136
Jackson, Mississippi 39205
Re:

Mississippi Civil Rights Education Commission

Dear Secretary Watson:
The Office of the Attorney General has received your request for an official opinion.

Questions Presented
1. What constitutes "administrative purposes only" as contemplated in Section 37-13-195?
2. What is the specific role of the Office of the Secretary of State under Section 37-13-195(1)?
3. In the absence of a specific appropriation, what monetary obligations, if any, are imposed
upon the Office of the Secretary of State pursuant to Section 37-13-195(1)?
4. What authority, if any, is the Office of the Secretary of State granted under Section 37-13-195(1)?

5. What are the responsibilities of the Office of the Secretary of State under Section 37-13-195(1)?
   Brief Response
6. With the exception of the duties specifically assigned to the State Department of Education
   in Mississippi Code Annotated Section 37-13-193, the Office of the Secretary of State is
   statutorily obligated to provide the administrative assistance necessary for the Mississippi
   Civil Rights Education Commission to carry out its statutory duties. Given that the statutes
   do not further define the specific role of the Office of the Secretary of State beyond
   "administrative purposes," it is the opinion of this office that the Office of the Secretary of
   State is charged with assisting the Mississippi Civil Rights Education Commission with

management of its activities and organizational tasks as determined by the needs of the
Mississippi Civil Rights Education Commission.
2. See the Response to your first question.
3. Section 37-13-195(1) does not specify the amount of money that the Office of the Secretary
of State is obligated to spend in carrying out its administrative function for the Mississippi
Civil Rights Education Commission. Thus, absent a specific appropriation, there is not a
specific monetary obligation imposed on the Office of the Secretary of State in order to
carry out its administrative function.
4. The Office of the Secretary of State is not granted any authority over the responsibilities,
duties, and obligations of the Mississippi Civil Rights Education Commission. The Office
of the Secretary of State simply must provide the administrative assistance necessary for
the members of the Mississippi Civil Rights Education Commission to carry out their
statutory duties.
5. See the Response to your first question.
Applicable Law and Discussion
Section 37-13-195(1) provides:
There is created the Mississippi Civil Rights Education Commission. The
commission shall be assigned to the Office of the Secretary of State for
administrative purposes only. The commission shall provide or assist education
officials and other organizations with information, coordination and modification
of courses or programs that include the Civil Rights Movement, and will carry out
the specific responsibilities set forth in Section 37-13-193. In completing this task,
the commission may act as a liaison with various bodies, including the United
States Congress, the State Legislature, Teaching for Change, the William Winter
Institute for Racial Reconciliation, as well as other national and international
agencies. The commission shall consist of no more than fifteen (15) members,
eleven (11) positions of which will be voluntary, to serve with a term of three (3)
years on a rotating basis. These positions will be filled by application submitted to
a joint committee formed by the William Winter Institute at the University of
Mississippi, Tougaloo College, the Oral History Project at the University of
Southern Mississippi and Jackson State University. Each of these four (4) entities
shall remain permanent members of this commission, with representatives to be
appointed by the President or Chancellor of the appropriate institution.
(Emphasis added.) Additionally, Section 37-13-193 requires the State Department of Education to
work with the Mississippi Civil Rights Education Commission ("Commission") to implement five
specific guidelines, which all relate to incorporating civil rights and human rights education into
the public school curriculum.

"A board or commission has only that authority which has been specifically granted to it by statute
or necessarily implied therein." MS AG Op., Delahousey at *1 (Sept. 24, 2004). Some boards and
commissions in Mississippi are statutorily authorized to employ their own staff. See Miss. Code
Ann. § 37-28-7 (requiring the Mississippi Charter School Authorizer Board to appoint an executive
director who "may employ such administrative staff as may be necessary to assist the director and
board in carrying out the duties and directives of the" board). However, other boards and
commissions, including the Commission, are not authorized to hire staff but instead are assigned
to existing state agencies for administrative purposes. Miss. Code Ann. § 37-13-195; see also Miss.
Code Ann. § 25-43-4.103 (Small Business Regulatory Review Committee assigned to the
Mississippi Development Authority); Miss. Code Ann. § 41-112-1 (Maternal Mortality Review
Committee assigned to the State Department of Health); Miss. Code Ann. § 39-29-1 (Mississippi
Commission on the Holocaust assigned to the Office of the Secretary of State); Miss. Code Ann.
§ 41-111-1 (Child Death Review Panel assigned to the State Department of Health).
The term "administrative purposes" is not further defined by statute. Black's Law Dictionary
defines the term "administrative" as "relating to, or involving the work of managing a company or
organization; executive." Administrative, Black's Law Dictionary (11th ed., 2019). Accordingly,
it is the opinion of this office that the Office of the Secretary of State is charged with assisting the
Commission with management of Commission activities and organizational tasks as determined
by the needs of the Commission. We find further guidance regarding the Secretary of State's role
with respect to the Commission from what the statute does not authorize. The Secretary of State is
not a member, an employee, or the executive director of the Commission. Miss. Code Ann. §§ 37-13-193 and 37-13-195. The Commission does not have the authority to hire staff. Id. Neither
Section 37-13-193 nor Section 37-13-195 addresses the funding of the Commission. It is our
understanding that the Commission does not receive its own appropriation nor has the Office of
the Secretary of State received any specific line-item appropriations for this purpose.
It is the opinion of this office that with the exception of the duties specifically assigned to the State
Department of Education, the Office of the Secretary of State must assist the Commission with the
management of the Commission's activities in fulfilling its statutory responsibilities as outlined
in Sections 37-13-193 and 37-13-195. Given that the statutes do not further define the specific role
of the Office of the Secretary of State beyond "administrative purposes," we recommend working
with the Commission and the State Department of Education to determine the specific
administrative assistance needed by the Commission and how to best provide it and potentially
fund it. The experiences of other agencies with similar statutory responsibilities may also be
instructive.

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