Can someone serve as both a Mississippi school board member and a city alderman at the same time?

Plain-English summary

Jefferick Butler, President of the North Bolivar Consolidated School District Board of Trustees, asked a clean question: can a school board member also serve as a city alderman?

The AG said no, citing the separation of powers doctrine. Article I, Section 2 of the Mississippi Constitution prohibits a person from holding positions in two different branches of government if both positions exercise "core powers" within their respective branches. The Mississippi Supreme Court in Dye v. State, 507 So. 2d 332, 343 (Miss. 1987), defined "core powers" as actions that "are ongoing and are in the upper level of governmental affairs and have a substantial policy-making character."

Two long-standing AG holdings:

• A school board member is in the executive branch (AG Op., Simmons, June 10, 2011, citing earlier opinions back to 1979). Further, school board members are at the "core of power" in the executive branch under the Dye standard.
• A board of aldermen exercises the legislative power of a code-charter municipality (Section 21-3-15(2)(a): "The legislative power of the municipality shall be exercised by the board of aldermen . . . ."), and aldermen exercise core powers of the legislative department of municipal government (AG Op., Beshears, Jan. 18, 2013).

Both positions are core-power positions in different branches. Concurrent service is constitutionally barred.

The AG also referred Butler to the Mississippi Ethics Commission for further guidance.

What this means for you

For sitting school board members

If you are running for, or already serving in, a position on a city board of aldermen, you cannot do both. The separation-of-powers prohibition is not a soft preference; it is a constitutional bar. Resign from one before assuming the other. Time the resignation carefully so there is no overlap.

For city aldermen considering a school board run

Same constraint in the other direction. You cannot be sworn in as a school board member while still serving as an alderman. Plan the transition.

For prospective candidates

If you are eyeing both seats over time (for example, alderman now, school board later), no problem; the bar is on simultaneous service. If you are eyeing both at once, pick one. The Mississippi Ethics Commission can help you walk through the qualification analysis before you file.

For municipal clerks and election officials

When a candidate files for one office while holding the other, flag the issue. Qualification under the law includes constitutional eligibility. Continued service in the original office while qualifying for the incompatible office can become a vacancy issue.

For school district attorneys and city attorneys

This opinion is a clean citation for the rule. If a board member or alderman in your jurisdiction is exploring dual service, give them this opinion plus the underlying Dye, Simmons, and Beshears authorities. The "core powers" test is the analytical key.

For the Mississippi Ethics Commission

The AG explicitly referred Butler to your office for further guidance. The opinion's holding is constitutional incompatibility, but practical guidance on transition (resignation timing, holdover provisions, vacancy filling) sits with the commission and other state offices.

Common questions

Why does the separation of powers doctrine apply to local government?
Article I, Section 2 of the Mississippi Constitution applies the separation-of-powers principle broadly. Mississippi courts and the AG have applied it to local offices that exercise core powers within different branches. School boards are executive; municipal boards of aldermen are legislative. Different branches, core powers in each, means concurrent service is barred.

What if the position is uncompensated or honorary?
The compensation level does not change the analysis. The question is whether each position exercises "core powers" in a different branch. Both school board service and alderman service are core-power positions, regardless of compensation.

Can someone serve on a school board and a county board of supervisors at the same time?
That is a different question. County boards of supervisors are themselves a unique structure exercising both executive and legislative functions, and the AG has opined on that combination separately. Always check the specific combination.

What if I just resign one position the day before being sworn into the other?
Sequential service is allowed. The bar is on simultaneous service. Resign cleanly and time the swearing-in to avoid overlap.

Where do I go for guidance on transition timing?
The Mississippi Ethics Commission, which the AG specifically referred Butler to. Your district's or city's attorney can also help with the procedural mechanics.

Background and statutory framework

Article I, Section 2 of the Mississippi Constitution sets up the separation of powers:

No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others.

The Mississippi Supreme Court applied the principle in Dye v. State, 507 So. 2d 332, 343 (Miss. 1987), holding that the bar applies to dual office-holding when both offices exercise "core powers" within their respective branches. Core powers are actions that "are ongoing and are in the upper level of governmental affairs and have a substantial policy-making character."

The AG has consistently held that school board members are in the executive branch (going back to AG Op., Gregg, Sept. 18, 1979; AG Op., Chaney, May 16, 2003). The Simmons opinion (June 10, 2011) confirmed that school board members are at the "core of power" in the executive branch under Dye.

The municipal side: Section 21-3-15(2)(a) provides that "[t]he legislative power of the municipality shall be exercised by the board of aldermen." A code-charter municipality's board of aldermen sits in the legislative branch (AG Op., Collins, May 30, 2008), and "boards of aldermen exercise core powers of the legislative department of municipal government" (AG Op., Beshears, Jan. 18, 2013).

So the dual service is barred: school board (executive, core powers) plus alderman (legislative, core powers) means simultaneous service in two branches at the core, which Article I, Section 2 forbids.

Citations

• Miss. Const. art. I, § 2 (separation of powers)
• Miss. Code Ann. § 21-3-15(2)(a) (legislative power of municipality exercised by board of aldermen)
• Dye v. State, 507 So. 2d 332 (Miss. 1987) (core powers test)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/05/J.-Butler-May-1-2025-Separation-of-Powers.pdf

Original opinion text

May 1, 2025
The Honorable Jefferick Butler
President, North Bolivar Consolidated School District Board of Trustees
Post Office Box 290
Duncan, MS 38740
Re:

Separation of Powers

Dear Mr. Butler:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
Does the separation of powers doctrine prohibit a school board member from concurrent service
as a city alderman?
Brief Response
The separation of powers doctrine prohibits a school board member from concurrent service as a
city alderman because a school board member exercises core powers in the executive branch of
government, and a city alderman exercises core powers in the legislative branch of government.
Applicable Law and Discussion
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 Mississippi Supreme 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 (citing Dye v. State, 507 So. 2d 332, 343 (Miss. 1987))
(internal citations omitted).
"[A] school board member is in the executive branch of government." MS AG Op., Simmons at
1 (June 10, 2011) (citing MS AG Op., Gregg (Sept. 18, 1979), MS AG Op., Chaney at 1 (May
16, 2003)). Further, school board members "are at the 'core of power' in the executive branch of
government according to the standard set forth in Dye." MS AG Op., Simmons at 1.
Mississippi Code Annotated Section 21-3-15(2)(a) provides in pertinent part that "[t]he legislative
power of the municipality shall be exercised by the board of aldermen. . . ." This office has
previously opined that a member of the board of aldermen in a code charter municipality serves
within the legislative branch of government. MS AG Op., Collins at 2 (May 30, 2008) (internal
citations omitted). Accordingly, "boards of aldermen exercise core powers of the legislative
department of municipal government." MS AG Op., Beshears at *1 (Jan. 18, 2013) (internal
citations omitted).
Because the positions of school board president and city alderman exercise core powers within the
executive and legislative branches of government, respectively, the separation of powers doctrine
prohibits concurrent service in both positions. 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