Can a Mississippi school board member vote to hire or set the salary of a relative working in the same district?

Plain-English summary

The attorney for the Clarksdale Municipal School District asked five related questions about when school board members are barred from voting because a relative is involved.

The AG's bottom-line answers:

1. A school board member cannot vote on hiring a superintendent, principal, or licensed employee who is related within the third degree of blood or marriage, or who is financially dependent on the member. That comes from Section 37-9-21. The general nepotism statute, Section 25-1-53, gives a parallel rule for state, county, district, and municipal officers.
2. There is no exception to the bar even if the recusals would leave the board without a quorum. The AG found "[n]o authority exists to create an exception to Section 37-9-21 for procedural constraints such as a lack of quorum."
3. Voting on the salary of a relative already employed in the district is a conflict-of-interest question, not a nepotism question. The AG referred the school board to the Mississippi Ethics Commission for guidance under the Ethics in Government Laws (Section 25-4-101 et seq.).
4. Same for voting on a salary scale that covers a category of employees that includes the relative. The AG would not draw the line; that is the Ethics Commission's job.
5. Voting on a docket of claims that includes the member's own travel reimbursement is also an Ethics Commission question.

The AG also flagged the standard rule under Section 7-5-25: opinions only address prospective questions of state law, so the office could not validate or invalidate any past board action.

What this means for you

For school board members

The opinion holds that Section 37-9-21 prohibits a board member from voting "for any person as a superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way," and that the general nepotism statute, Section 25-1-53, applies a parallel third-degree bar to municipal officers (which includes municipal school board members). The AG quoted its prior Cocke opinion, which suggested "the board member completely remove him/herself from the room during any discussion involving the employment" of the relative. On salary and travel-claim votes, the opinion holds those raise general conflict-of-interest issues under the Ethics in Government Laws and referred them to the Mississippi Ethics Commission.

For school district attorneys

The opinion holds that "[n]o authority exists to create an exception to Section 37-9-21 for procedural constraints such as a lack of quorum." It does not enumerate alternative quorum mechanisms; it holds only that the nepotism bar has no quorum-loss exception. On voting for a salary, a salary scale covering a category that includes the relative, and a docket of claims including the member's own travel reimbursement, the AG declined to opine and referred each to the Ethics Commission under Sections 25-4-101 et seq.

On the scope of the opinion

The opinion notes that under Section 7-5-25, AG opinions are limited to prospective questions of state law and "can neither validate nor invalidate past action," so the office addressed only prospective application.

For parents and citizens watching the school board

The opinion holds that a board member may not vote on the hiring of a superintendent, principal, or licensed employee related within the third degree (or financially dependent on the member), and that "[a]ny contract entered into in violation of the provisions of [Section 37-9-21] shall be null and void."

Common questions

Who counts as a "third degree" relative?
Mississippi computes third degree by the civil law method. That generally includes parents, children, siblings, grandparents, grandchildren, aunts, uncles, nieces, nephews, and the equivalent in-law and step-relations. Prior AG opinions have flagged stepdaughters (Mitchell, 2000), nieces (Ainsworth, 2004), and brothers-in-law (Lawrence, 2009) as inside the bar.

Does the bar apply to non-licensed employees, like cafeteria workers or bus drivers?
Section 37-9-21 by its terms names superintendents, principals, and "licensed employees." The opinion also discusses the general nepotism statute, Section 25-1-53, which has a different scope (it covers appointing or employing relatives "to be paid out of the public funds"). The opinion does not separately resolve how the two statutes apply to specific unlicensed positions.

What about voting on a salary scale that applies to all teachers, when one of those teachers is my child?
The opinion does not answer this. The AG held it raises general conflict-of-interest issues under the Ethics in Government Laws and referred it to the Mississippi Ethics Commission.

Can the rest of the board approve the hire if the conflicted member recuses?
The opinion holds the conflicted member may not vote, and that there is no exception for a lack of quorum caused by the necessary recusals. It does not address what the board may do if a quorum remains after the recusal.

What if the board votes anyway?
The opinion holds that under Section 37-9-21, "[a]ny contract entered into in violation of the provisions of this section shall be null and void."

Background and statutory framework

Mississippi has two overlapping nepotism statutes that bear on school boards.

Section 25-1-53 is the general nepotism statute. It makes it unlawful for a person elected or appointed to a state, county, district, or municipal office (including any board of trustees of a state institution) to appoint or employ a person related within the third degree by blood or marriage, computed by the rule of the civil law. The AG has confirmed that municipal school board members are municipal officers for purposes of this statute.

Section 37-9-21 is the school-specific rule. It prohibits a school board member from voting for any person as a superintendent, principal, or licensed employee who is related within the third degree by blood or marriage, or who is financially dependent on the member. Any contract entered in violation is null and void.

The AG had previously suggested in MS AG Op., Cocke (Aug. 18, 2008) that the conflicted board member should "completely remove him/herself from the room during any discussion involving the employment" of the relative. That guidance still controls.

The Ethics in Government Laws, Sections 25-4-101 et seq., govern broader conflict-of-interest issues that do not fall squarely within the nepotism statutes. The Mississippi Ethics Commission, not the AG, issues advisory opinions in that space.

Citations

• Miss. Code Ann. § 25-1-53 (general nepotism statute)
• Miss. Code Ann. § 37-9-21 (school board nepotism, void-contract sanction)
• Miss. Code Ann. §§ 25-4-101 et seq. (Ethics in Government Laws)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions)
• MS AG Op., Knoblock (Mar. 20, 2024) (municipal school board members are municipal officers)
• MS AG Op., Hammack (Apr. 10, 2015) (same)
• MS AG Op., Cocke (Aug. 18, 2008) (recusal practice; leave the room)
• MS AG Op., Mitchell (Feb. 25, 2000) (stepdaughter within third degree)
• MS AG Op., Ainsworth (Feb. 2, 2004) (niece within third degree)
• MS AG Op., Lawrence (Aug. 7, 2009) (brother-in-law within third degree)
• MS AG Op., Turnage (Oct. 11, 2021) (AG opinions are prospective only)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/02/C.-Palmer-February-19-2025-School-Board-Conflicts-of-Interest.pdf

Original opinion text

February 19, 2025

Carlos D. Palmer, Esq.
Attorney, Clarksdale Municipal School District
115 Fulton Street
Greenwood, Mississippi 39205

Re: School Board Conflicts of Interest

Dear Mr. Palmer:

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

Questions Presented

1. Are there any legal prohibitions against a board member voting on the approval of a family member to work within the same school district? If so, to which "family members" do such prohibitions apply?
2. Are such potential prohibitions affected where a quorum could be eliminated due to recusals of said board members?
3. Is there any legal prohibition against a board member voting on the salary of a family member hired within the same school district? Would such prohibition still apply if the board member is considering a salary scale for a category of employees instead of a specific salary for the family member?
4. Is there any legal prohibition for a board member to vote on the docket of claims where said docket includes a prospective approval of his or her travel reimbursement?
5. Is the potential prohibition contemplated by the fourth question affected where a quorum could be eliminated due to recusals of said board member?

Brief Response

1. Mississippi Code Annotated Section 37-9-21 prohibits school board members from voting "for any person as a superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way."
2. No authority exists to create an exception to Section 37-9-21 for procedural constraints such as a lack of quorum.
3. This question raises issues contemplated by Mississippi's Ethics in Government Laws, Miss. Code Ann. §§ 25-4-101, et seq. For further guidance, we refer you to the Mississippi Ethics Commission.
4. See the response to your third question.
5. See the response to your third question.

Applicable Law and Discussion

As an initial matter, pursuant to Mississippi Code Annotated Section 7-5-25, official opinions of the Attorney General are limited to prospective questions of state law only and can neither validate nor invalidate past action. See MS AG Op. Turnage at *1 (Oct. 11, 2021). We provide guidance for prospective application only.

Further, the scope of this opinion is limited to Mississippi's general nepotism statute, Section 25-1-53, and public school-specific nepotism statute, Section 37-9-21. Your third, fourth, and fifth questions raise issues of general conflicts of interest, which are governed by Mississippi's Ethics in Government Laws, Miss. Code Ann. §§ 25-4-101, et seq. For further guidance, we refer you to the Mississippi Ethics Commission.

As to your first question, Mississippi's general nepotism statute provides, in relevant part:

It shall be unlawful for any person elected, appointed or selected in any manner whatsoever to any state, county, district or municipal office, or for any board of trustees of any state institution, to appoint or employ, as an officer, clerk, stenographer, deputy or assistant who is to be paid out of the public funds, any person related by blood or marriage within the third degree, computed by the rule of the civil law, to the person or any member of the board of trustees having the authority to make such appointment or contract such employment as employer. . . .

Miss. Code Ann. § 25-1-53 (emphasis added).

Municipal school board members are municipal officers for the purposes of Section 25-1-53. See MS AG Op. Knoblock at 1 (Mar. 20, 2024); see also MS AG Op. Hammack at 1 (Apr. 10, 2015). In addition, Mississippi's public school-specific nepotism statute provides, in relevant part:

No member of the school board shall vote for any person as a superintendent, principal or licensed employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void.

Miss. Code Ann. § 37-9-21 (emphasis added).

Our office has previously opined that school board members "should be careful not to vote in matters involving a . . . [licensed] employee who is related within the third degree." MS AG Op., Cocke at 1 (Aug. 18, 2008). In Cocke, we suggested that "the board member completely remove him/herself from the room during any discussion involving the employment" of the family member. Id at 1.

Thus, pursuant to Sections 25-1-53 and 37-9-21, and consistent with prior opinions of this office, school board members are prohibited from voting on the school district employment of family members to whom they are related within the third degree by blood or marriage.

For further guidance on what qualifies as a third-degree familial relationship, see prior opinions of this office, including but not limited to the following: MS AG Op., Mitchell (Feb. 25, 2000) (stepdaughter), MS AG Op., Ainsworth (Feb. 2, 2004) (niece), and MS AG Op., Lawrence (Aug. 7, 2009) (brother-in-law).

As to your second question, there is no exception to Mississippi's public nepotism statute for procedural constraints such as a lack of quorum due to the necessary recusals.

Your last three questions raise issues contemplated by Mississippi's Ethics in Government Laws, Miss. Code Ann. §§ 25-4-101, et seq. For further guidance, we refer you to the Mississippi Ethics Commission.

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/ Caleb A. Pracht
Caleb A. Pracht
Special Assistant Attorney General