When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?

Plain-English summary

Mississippi's Workers' Compensation Commission has three commissioners. One of them is the chairman, who serves as the Commission's "administrative head." Two of the three commissioners (Aldridge and Henry) asked the AG to clarify how Sections 71-3-85 and 71-3-93 of the Mississippi Code interact when the Commission deals with personnel matters.

The question is whether the chairman controls personnel decisions or the full Commission must act on them. The AG read the two statutes in pari materia (together, as parts of the same statutory scheme). The result:

• § 71-3-85(1) makes the chairman the "administrative head" with "final authority in all matters relating to assignment of cases for hearing and trial and the administrative work of the commission and its employees." That covers day-to-day management. But the same section excepts "the promulgation of rules and regulations wherein the commission shall act as a body, and in the trial and determination of cases as otherwise provided."

• § 71-3-93 says the Commission "shall establish and enforce fair and reasonable rules for the appointment, promotion and demotion of personnel" and "shall appoint such officers and employees as are necessary."

Reading the two together: rules for hiring, promoting, and demoting Commission staff are rule-making, which falls under the "Commission acts as a body" exception. So those decisions are not the chairman's alone. The chairman handles administration, but rule-making about personnel matters is full-Commission work.

The AG noted two limitations:

1. The statutes do not directly address firing. The AG suggested Aldridge and Henry consult the State Personnel Board (SPB) for guidance on terminations.
2. The Commission's rule-making authority does not override SPB authority. A 2000 AG opinion (Minor) held that SPB statutes supersede conflicting provisions of § 71-3-93. So the Commission cannot adopt personnel rules that conflict with SPB regulations.

What this means for you

If you're a Workers' Compensation Commissioner

Under this opinion, rules for the appointment, promotion, and demotion of personnel are rule-making, which § 71-3-85(1) reserves to the Commission acting as a body. The chairman, as administrative head, has final authority over the administrative work of the Commission and its employees, but not sole rule-making authority over those personnel rules. On firing, the opinion says the statutes do not speak to the authority to terminate personnel and recommends contacting the State Personnel Board for guidance.

If you're an employee of the Workers' Compensation Commission

Under the opinion, the chairman has final authority over the administrative work of the Commission and its employees, while the rules governing appointment, promotion, and demotion are set by the Commission as a body. The opinion also notes that the Commission remains subject to the authority of the State Personnel Board.

If you're a state agency attorney advising a similarly-structured commission

The opinion is a worked example of reading a chairman's-authority statute and a commission-personnel statute in pari materia: the chairman's "administrative work" authority and the Commission's rule-making authority are harmonized by treating personnel rule-making as rule-making the body must do, while leaving day-to-day administration to the chairman.

If you're State Personnel Board staff

The opinion confirms that the Commission remains subject to SPB authority. Citing its earlier Minor opinion, the AG states that the SPB statutes supersede the conflicting provisions of § 71-3-93 and that the Commission may not establish and enforce its own rules and procedures that conflict with SPB regulations.

If you're a Mississippi legislator

The opinion flags one gap on its own terms: the statutes "do not speak to the authority to fire personnel," which is why the AG points the commissioners to the State Personnel Board on terminations. The opinion does not recommend any legislative change.

Common questions

Q: What does "in pari materia" mean?
A: Latin for "on the same subject." Statutes addressing the same subject matter are read together as if they were one law, harmonizing apparent conflicts where possible.

Q: What's the difference between administrative and rule-making authority?
A: Administrative authority is execution: managing staff, scheduling, assigning cases, day-to-day decisions. Rule-making authority is creating the rules under which the agency operates. The chairman has administrative authority; the Commission as a body has rule-making authority.

Q: Who can fire a Workers' Compensation Commission employee?
A: The opinion explicitly does not answer. The AG suggested contacting the State Personnel Board. SPB has its own procedures for state-employee terminations, which generally apply to Commission employees.

Q: Can the chairman hire someone unilaterally?
A: Section 71-3-93 says "the commission shall appoint" officers and employees. That language reads naturally as Commission-as-a-body action, not chairman alone. A chairman who hires unilaterally is exposed to challenge.

Q: Can the Commission adopt rules conflicting with SPB regulations?
A: No. MS AG Op., Minor (Apr. 7, 2000) held that "the State Personnel Board statutes supersede the conflicting provisions of Section 71-3-93." The Commission "may not establish and enforce its own rules and procedures that would conflict with State Personnel Board regulations."

Q: How big is the Commission staff?
A: Section 71-3-93 lets the Commission appoint up to eight administrative judges (with Governor consent), plus an executive director, secretary, statistician, court reporters, rehabilitation unit staff, and other essential employees. Practical size varies by year.

Background and statutory framework

The Mississippi Workers' Compensation Commission administers the state's workers' comp system. It hears injury claims, makes administrative determinations, and oversees compliance. Its authority comes from Title 71, Chapter 3 of the Mississippi Code.

Two sections handle commission governance:

• § 71-3-85 ("Powers and duties of chairman"): Defines the chairman as "administrative head" with final authority on case assignment and administrative work, except in (a) rule-making (where the Commission acts as a body) and (b) case trial and determination (which has separate procedures).

• § 71-3-93 ("Personnel and salaries"): Defines who the Commission may appoint, sets some salaries, and gives the Commission rule-making authority for "the appointment, promotion and demotion of personnel."

The implicit conflict: § 71-3-85 says the chairman has final authority on "administrative work . . . of its employees." § 71-3-93 puts personnel rule-making with the Commission as a body. The AG's reading harmonizes these by treating personnel rule-making as a sub-category of rule-making (which the Commission does as a body) and treating personnel administrative work (managing existing staff under existing rules) as the chairman's.

Layered on top is the State Personnel Board's general authority over state employee classifications and terminations. SPB law, where it conflicts with § 71-3-93, supersedes.

The result is a three-layer structure:

1. State Personnel Board: general state-employee classification, compensation rules, termination procedures.
2. Workers' Comp Commission as a body: Commission-specific personnel rule-making on appointment, promotion, demotion (within SPB framework).
3. Chairman: day-to-day administrative management of staff under those rules.

Citations and references

Statutes:

• Miss. Code Ann. § 7-5-25 (AG opinion authority)
• Miss. Code Ann. § 71-3-85 (Chairman's authority)
• Miss. Code Ann. § 71-3-85(1)
• Miss. Code Ann. § 71-3-93 (Commission personnel authority)

Case:

• Jones Cnty. Sch. Dist. v. Covington Cnty. Sch. Dist., 352 So. 3d 1123, 1130 (Miss. 2022), starting point for statutory interpretation is statute's language

Prior AG opinions referenced:

• MS AG Op., Watson (Sept. 26, 2022), defining "administrative" via Black's Law Dictionary
• MS AG Op., Minor (Apr. 7, 2000), SPB statutes supersede conflicting § 71-3-93 provisions

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/05/B.Aldridge-M.Henry-May-9-2023-Mississippi-Workers-Compensation-Commission-Authority.pdf

Original opinion text

May 9, 2023

Beth Harkins Aldridge, Commissioner
Mark Henry, Commissioner
Mississippi Workers' Compensation Commission
Post Office Box 5300
Jackson, Mississippi 39296-5300

Re: Mississippi Workers' Compensation Commission Authority

Dear Commissioner Aldridge and Commissioner Henry:

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

Background

In your request, you recite both Mississippi Code Annotated Section 71-3-85, which sets forth, among other things, the duties of the chairman of the Workers' Compensation Commission ("Commission") and Section 71-3-93, which sets forth the duties of the Commission relating to personnel matters. You ask this office for clarification of the two statutes and how they "interact with one another when concerning personnel matters."

Questions Presented

1. What is the scope of the authority, responsibilities, and duties of the chairman of the Mississippi Workers' Compensation Commission?

2. In personnel matters that require hiring, firing, promoting, or demoting an employee, should the Mississippi Workers' Compensation Commission act as a body as outlined in Mississippi Code Annotated Section 71-3-93?

Brief Response

1. While this office is only authorized to opine on prospective questions of law pertaining to the authority, duties, and responsibilities of the requestor, in this instance, to thoroughly answer your questions, the rules of statutory interpretation require this office to address Section 71-3-85, which recites the administrative duties of the chairman in context of the Commission's responsibilities as a body. As relevant to your inquiry here, the chairman of the Commission acts as its administrative head.

2. Reading Sections 71-3-93 and 71-3-85 in pari materia, the Commission must act as a body in establishing and enforcing rules for the appointment, promotion, and demotion of personnel. The statutes do not speak to the authority to fire personnel.

Applicable Law and Discussion

Section 7-5-25 authorizes the Attorney General to issue official opinions to various public officials and bodies "upon any question of law relating to their respective offices." However, even though your first question regards the authority, responsibilities, and duties of the chairman, because you ask about the duties of the Commission as a whole, and the chairman is one of the three commissioners, the chairman's duties are intertwined with the Commission's. This office would not be able to thoroughly clarify the statutes and answer your question about the interplay between them without addressing Section 71-3-85, which recites the chairman's administrative duties and establishes the Commission's rulemaking authority.

Section 71-3-85(1) provides, in part:

The chairman shall be the administrative head of the commission and shall have the final authority in all matters relating to assignment of cases for hearing and trial and the administrative work of the commission and its employees, except in the promulgation of rules and regulations wherein the commission shall act as a body, and in the trial and determination of cases as otherwise provided.

According to the rules of statutory construction, "[t]he starting point for interpreting a statute is the language of the statute itself." Jones Cnty. Sch. Dist. v. Covington Cnty. Sch. Dist., 352 So. 3d 1123, 1130 (Miss. 2022) (internal quotation marks and citation omitted). While Section 71-3-85(1) states that the chairman is the "administrative head of the commission," having final authority in all matters relating to the administrative work of the Commission and its employees, nowhere in the Workers Compensation Law is the word "administrative" defined. As this office opined in MS AG Op., Watson at *2 (Sept. 26, 2022), "administrative" is defined by Black's Law Dictionary as "'relating to, or involving the work of managing a company or organization; executive.' Administrative, Black's Law Dictionary (11th ed., 2019)." "Administrative" as defined by Merriam-Webster means "relating to the management of a company, school, or other organization." https://www.merriam-webster.com/administrative (last visited May 1, 2023). Therefore, according to the plain and ordinary meaning of the word administrative, the chairman of the Commission has final authority over the management of the work of the Commission and its employees, "except in the promulgation of rules and regulations wherein the commission shall act as a body. . . ." Miss. Code Ann. § 71-3-85(1) (emphasis added).

You also ask about Section 71-3-93, which further explains the Commission's rulemaking authority as it relates to personnel matters:

The commission shall appoint such officers and employees as are necessary adequately to administer the Workers' Compensation Law, including not more than eight (8) administrative judges to be appointed by the commission with the consent of the Governor and an executive director who shall serve at the will of the commission and shall have such administrative duties as are assigned by the commission, a secretary, a statistician, a rehabilitation unit, and any other employees deemed essential to the administration of the law including court reporters. . . .

....

All salaries not specifically fixed by law shall be set by the commission. . . [and] [t]he commission shall establish and enforce fair and reasonable rules for the appointment, promotion and demotion of personnel.

While Section 71-3-85 establishes the rulemaking authority of the Commission, Section 71-3-93 expounds on that authority. Section 71-3-93 states that the Commission shall appoint officers and employees and set salaries not already specified by statute, and it also grants the Commission the power to both establish and enforce rules for appointing personnel, promoting personnel, and demoting personnel. This authority does not lie with a single Commission member but with the Commission as a whole. The statutes do not speak to the authority to fire personnel.

Please note that although the statutes bestow rulemaking and enforcement authority on the Commission as a whole, the Commission is still subject to the authority of the State Personnel Board ("SPB"). See MS AG Op., Minor at *2 (Apr. 7, 2000) (opining that "the State Personnel Board statutes supersede the conflicting provisions of Section 71-3-93," and the Commission "may not establish and enforce its own rules and procedures that would conflict with State Personnel Board regulations. . . ."). As to the Commission's authority to fire personnel, we recommend you contact the SPB for guidance.

Accordingly, it is the opinion of this office that Section 71-3-85(1) and Section 71-3-93, when read in pari materia, require the Mississippi Workers' Compensation Commission to act as a body "in the promulgation of rules and regulations," which includes the establishment and enforcement of "rules for the appointment, promotion and demotion of personnel." (Emphasis added). The chairman "shall have the final authority in all matters relating to . . . the administrative work of the commission and its employees" but does not have sole rulemaking authority in personnel matters involving appointing, promoting, or demoting employees. Miss. Code Ann. § 71-3-85(1).

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/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General