Can someone serve on a Mississippi community college board of trustees and also be a sheriff at the same time?
Plain-English summary
A community college board of trustees member was elected sheriff. The community college board's attorney asked the AG: can the new sheriff stay on the trustee board?
Yes, said the AG, because both positions are within the same branch of government.
Mississippi's separation of powers (Miss. Const. art. I, § 2) only kicks in when one person tries to hold positions in two different branches that both exercise "core powers." If both positions are in the same branch, dual service is fine.
The two prior categorical determinations are:
- A community college trustee "exercises powers at the core of the executive branch" (MS AG Op., Wiggins, Aug. 30, 2013).
- A sheriff is "a member of the executive branch of government" (Miss. Const. art. V, § 138; Miss. Code Ann. § 19-25-35; Lewis v. Hinds Cnty. Cir. Court, 158 So. 3d 1117, 1124 (Miss. 2015)).
Both in the executive branch. No separation-of-powers conflict. Dual service is constitutionally permitted.
The AG, as is standard, noted that the constitutional analysis is one thing and ethics-rules conflicts are another; the requestor was directed to the Mississippi Ethics Commission for any conflict-of-interest review specific to the sheriff/trustee combination.
What this means for you
If you are a sheriff or sheriff-elect already serving in another office
If the other office is also in the executive branch (community college trustee, public safety commission, executive-branch agency board), separation of powers does not require you to step down. If the other office is judicial branch (county supervisor, justice court judge) or legislative (state legislator), you have a constitutional problem and likely have to choose. In all cases, get a separate ethics-rules review on conflicts of interest.
If you sit on a community college board of trustees
You can have members who hold other executive-branch positions (sheriffs, elected executive officials at the state or local level). The bar is at cross-branch service.
If you are a county attorney advising the sheriff
Walk through this two-step analysis whenever the sheriff takes on another position: (1) which branch is the second position? (2) does that position exercise core powers? If both checks land on different branches with core powers in each, the dual service is barred. If same branch, fine.
If you are a Mississippi voter who elected a sheriff who already held another office
The constitutional rule probably permits dual service if the prior office is also in the executive branch. The Mississippi Ethics Commission reviews conflicts of interest separately, and you can ask the Commission for an advisory opinion if there is a specific concern.
If you are a community college president or administrator
You cannot bar a trustee from also holding a same-branch office on separation-of-powers grounds. You may have institutional conflicts policies that go further (board attendance, fiduciary issues), but the constitution does not prohibit this combination.
Common questions
Q: Can a county supervisor also be a community college trustee?
A: Probably not. County supervisors are in the judicial branch (a Mississippi quirk). Community college trustees are in the executive branch. Both positions exercise core powers. Cross-branch core-powers service violates separation of powers.
Q: Can a sheriff also be a county supervisor?
A: No. Same problem. Sheriff is executive branch core powers. Supervisor is judicial branch core powers. Cross-branch service is barred.
Q: Can a sheriff also be in the state legislature?
A: No. Sheriff is executive. Legislator is legislative. Both are core powers. Cross-branch service is barred.
Q: What about a deputy sheriff or jailer in another office?
A: Deputies are not sheriffs. The "core powers" analysis depends on the deputy's actual responsibilities. A deputy doing routine patrol functions is unlikely to be exercising core powers; a chief deputy with substantial policy-making authority might be. Treat each case on its facts.
Q: Why are sheriffs in the executive branch?
A: Mississippi's constitution at art. V, § 138 establishes sheriffs as constitutional executive officers. The Supreme Court confirmed this in Lewis v. Hinds County Circuit Court. Sheriffs enforce laws, which is by definition an executive function (per Alexander v. Allain).
Q: Why are community college trustees in the executive branch?
A: Trustees administer a state educational institution, which is an executive function. Prior AG opinions (Wiggins, Aug. 30, 2013, and others) settled this categorization.
Q: Does dual service create ethical issues separate from the constitutional issue?
A: Possibly. The AG specifically referred the requestor to the Mississippi Ethics Commission for analysis of conflicts of interest under §§ 25-4-101 et seq. and other ethics provisions. Separation of powers and ethics are independent inquiries.
Q: Does the sheriff's salary or compensation affect the analysis?
A: No. The core-powers analysis is about responsibilities, not compensation. Whether a position is paid or unpaid, the question is whether the person exercises core powers ongoingly at the upper level of governmental affairs with substantial policy-making character.
Background and statutory framework
Mississippi's separation of powers, established in art. I, §§ 1 and 2 of the state constitution, is read more strictly than the federal version. The Mississippi Supreme Court's "core powers" framework in Dye v. State, 507 So. 2d 332 (Miss. 1987), bars one person from simultaneously holding positions in two different branches if both involve core powers.
Three categorical assignments are settled:
| Position | Branch | Core powers? |
|---|---|---|
| Sheriff | Executive | Yes |
| Community college trustee | Executive | Yes |
| County board of supervisors member | Judicial (Mississippi-specific) | Yes |
| State legislator | Legislative | Yes |
Same-branch dual service is permitted. The Davis opinion is a clean application: sheriff (executive) plus community college trustee (executive) are both in the same branch, so the constitutional separation-of-powers analysis does not bar simultaneous service.
The opinion is also valuable for what it isn't doing. The AG explicitly limits the analysis to separation of powers and refers ethics-rules questions to the Ethics Commission. AG opinions are designed to answer questions of state law, not to certify the wisdom or absence of conflicts in a particular dual-office combination.
Citations and references
Mississippi Constitution:
- Miss. Const. art. I, § 1 (separation into three branches)
- Miss. Const. art. I, § 2 (no person in one branch shall exercise powers belonging to another)
- Miss. Const. art. V, § 138 (sheriff as constitutional executive officer)
Statutes:
- Miss. Code Ann. § 19-25-35 (sheriff is a member of the executive branch)
Cases:
- Dye v. State, 507 So. 2d 332 (Miss. 1987) (defining "core powers")
- Lewis v. Hinds Cnty. Cir. Court, 158 So. 3d 1117 (Miss. 2015) (sheriff is in the executive branch)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/12/J.Davis-December-21-2023-Simultaneous-Service-as-Sheriff-and-Member-of-Community-College-Board-of-Trustees.pdf
Original opinion text
December 21, 2023
Jonathan W. Davis, Esq.
Board of Trustees, Mississippi Delta Community College
Post Office Box 29
Indianola, Mississippi 38751-0029
Re: Simultaneous Service as Sheriff and Member of Community College Board of Trustees
Dear Mr. Davis:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
May a member of the board of trustees of a community college, who is later elected to the public office of sheriff, continue to serve on the board of trustees?
Brief Response
Yes. A sheriff and a member of a community college board of trustees both serve within the executive branch, and the separation of powers doctrine does not prohibit a person from holding more than one position in the same branch of government.
Applicable Law and Discussion
The scope of this opinion is limited to whether simultaneous service in two public positions violates the separation of powers doctrine. We refer you to the Mississippi Ethics Commission regarding potential conflicts of interest or other ethical implications arising out of simultaneous service.
The powers of the government of the state of Mississippi are divided into three distinct departments: the legislative branch, the judicial branch, and the executive branch. MISS. CONST. art. I, § 1. The separation of powers doctrine prohibits a person from holding positions in two different branches of government if both positions exercise "core powers" within their respective branch. See MISS. CONST. art. I, § 2; MS AG Op., Hudson at 1 (June 26, 2020). "'Core power' has been defined by the Court to include those circumstances 'where the acts are ongoing and are in the upper level of governmental affairs and have a substantial policy-making character.'" MS AG Op., Hudson at 1 (quoting Dye v. State, 507 So. 2d 332, 343 (Miss. 1987)).
Turning to the specific question at hand, this office has opined that a member of a community college board of trustees "exercises powers at the core of the executive branch." MS AG Op., Wiggins at *1 (Aug. 30, 2013). Likewise, the Mississippi Supreme Court has provided that a "sheriff is a member of the executive branch of government." Lewis v. Hinds Cnty. Cir. Court, 158 So. 3d 1117, 1124 (Miss. 2015) (citing MISS. CONST. art. V, § 138; Miss. Code Ann. § 19-25-35). Because a sheriff and a member of a community college board of trustees both serve within the executive branch of government, simultaneous service in these positions does not violate the separation of powers doctrine.
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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General