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:
- 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.
- There is no exception to the bar even if the recusals would leave the board without a quorum. The board has to find another way to get a quorum (alternates, vacancy procedures, or other statutory mechanisms), or the matter waits.
- 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.).
- 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.
- 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
Before any vote that touches a relative employed in the district, run the third-degree analysis. Third degree includes parents, grandparents, children, grandchildren, siblings, aunts, uncles, nieces, nephews, in-laws of those same degrees, and step-relations within the same range. The AG has previously confirmed that stepdaughters, nieces, and brothers-in-law fall inside the bar.
The cleanest practice is the one prior AG opinions have recommended: leave the room during any discussion that involves the relative's employment, hiring, or salary. Do not vote, do not deliberate, do not lobby other members in private. Have the minutes record your departure and return.
For salary or travel-claim votes that fall outside Section 37-9-21 but raise ethics concerns, request a written advisory from the Mississippi Ethics Commission before the meeting. The Commission has its own opinion process under Sections 25-4-101 et seq.
For school district attorneys
When a recusal would knock the board below quorum, do not rely on a "rule of necessity" or a no-quorum exception to Section 37-9-21. The AG explicitly rejected that. Walk through the statutory tools: are there alternate members? A statutory replacement procedure? Could the matter be deferred to a meeting where additional members are present? Document the path you take in the minutes.
For salary scale votes, look at how the scale is structured. A scale that creates positions defined narrowly enough that only the relative qualifies edges into nepotism territory. A truly category-wide scale may be defensible, but the Ethics Commission is the better authority on that question.
For superintendents and HR directors
Build hiring panels that flag third-degree relationships up front, before the recommendation reaches the board. If a candidate has a relative on the board, the candidate's path forward depends on whether the related member can recuse and the board can still act. Surfacing the conflict early avoids a late-stage embarrassment.
For parents and citizens watching the school board
If you know a board member's relative works in the district, watch the agenda. The board member should not be voting on the relative's hire, contract renewal, or licensure-related employment decisions. If you see them voting anyway, raise it with the board attorney. Contracts entered in violation of Section 37-9-21 are 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 specifically names superintendents, principals, and "licensed employees." It does not by its terms cover unlicensed support staff. The general nepotism statute, Section 25-1-53, has different scope and may still cover some scenarios. Get a written legal opinion before assuming a non-licensed hire is unrestricted.
What about voting on a salary scale that applies to all teachers, when one of those teachers is my child?
The AG declined to draw the line and sent the question to the Ethics Commission. Practical advice: ask the Commission in writing before the vote. The risk of an after-the-fact ethics violation isn't worth saving a meeting cycle.
Can the rest of the board approve the hire if the conflicted member recuses, even if quorum is tight?
Yes, as long as a real quorum still exists without counting the conflicted member. If the recusal eliminates quorum, the board cannot proceed, and the AG rejected any "necessity" exception.
What if the board votes anyway?
Section 37-9-21 makes any contract entered in violation of the statute "null and void." That means the hire can be challenged, the contract unwound, and the board exposed to liability for any payments made under an invalid contract.
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
- 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?
- Are such potential prohibitions affected where a quorum could be eliminated due to recusals of said board members?
- 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?
- 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?
- 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
- 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."
- No authority exists to create an exception to Section 37-9-21 for procedural constraints such as a lack of quorum.
- 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.
- See the response to your third question.
- 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