Can a Mississippi sheriff also work a part-time job for a local school district?

Plain-English summary

Tedrick Liddell, the newly-elected sheriff of Noxubee County, asked whether he could keep a part-time job with a local school district as long as he wasn't working both at the same time. The AG's answer addresses only the constitutional separation-of-powers question; for the broader conflict-of-interest analysis, the AG redirects him to the Mississippi Ethics Commission.

The constitutional question is governed by Article I, Sections 1-2 of the Mississippi Constitution, which prohibits a person in one branch of government from simultaneously serving in another. The Mississippi Supreme Court in Dye v. State, 507 So. 2d 332 (Miss. 1987), interpreted those provisions to bar an individual from simultaneously exercising "core powers", those at the upper level of governmental affairs that have a substantial policy-making character, across two branches.

A sheriff is part of the executive branch and exercises core executive powers (citing the AG's 2023 Davis opinion). So the question reduces to whether the school-district position would put the sheriff in the legislative or judicial branch in a core-power capacity. If the school job is itself executive (most operational positions are) or is non-core (line work, support roles), there is no separation-of-powers conflict. If the school job involves core legislative powers (sitting on the elected school board with full policy authority) or core judicial powers, the conflict triggers.

The opinion says "yes" to the basic dual employment as long as those guardrails are honored. It does not address whether he can be paid by two public entities for the same hours, whether the schedule can actually be made to work, or whether ethical conflicts arise (those are Ethics Commission questions).

What this means for you

Sheriffs and other county-level executives considering outside employment

The opinion holds that it does not violate the separation-of-powers doctrine for a sheriff to be employed by a local school district, as long as that employment is within the executive branch or does not exercise core powers in the legislative or judicial branches. A sheriff exercises core executive powers (citing the 2023 Davis opinion), so the sheriff may not simultaneously hold a position exercising core legislative or judicial powers. The opinion expressly refers conflict-of-interest questions to the Mississippi Ethics Commission and limits itself to the separation-of-powers question.

School district administrators hiring an elected official part-time

Under the opinion, the separation-of-powers question turns on whether the position exercises core powers in a branch other than the elected official's. The opinion does not address conflict-of-interest or same-hours-pay questions, which it leaves to the Ethics Commission and other AG opinions it cites (Shepard, 2013).

County supervisors and other elected officials considering school employment

The opinion applies the core-powers test from Dye: simultaneous service is barred only where it means exercising core powers (acts at the upper level of governmental affairs with a substantial policy-making character) in two branches. It refers the conflict-of-interest side to the Ethics Commission.

Attorneys advising public employees about outside work

The opinion separates two questions: the constitutional separation-of-powers analysis under Article I, Sections 1-2 and Dye, which it answers, and the conflict-of-interest analysis, which it refers to the Mississippi Ethics Commission. It also flags the Shepard rule against a public officer or employee being paid by two public entities for the same hours worked, noting it is not addressing that issue.

Common questions

Q: What is a "core power" for separation-of-powers analysis?
A: The Mississippi Supreme Court's Dye decision describes core powers as those "which relate to acts at the upper level of governmental affairs and have a substantial policy-making character." That is a higher bar than "any official duty." Routine operational tasks, even by elected officials, are not core powers in the constitutional sense.

Q: Why is a sheriff in the executive branch?
A: Mississippi treats county sheriffs as executive-branch officers because their primary functions (law enforcement, jail administration, civil process service, election support) are executive in character. The AG's 2023 Davis opinion lays out that classification.

Q: Can a sheriff serve on a school board?
A: The opinion does not address that specific position. Its rule is that a sheriff (a core executive officer) may not simultaneously hold a position exercising core powers in the legislative or judicial branch. Whether a given school-board seat exercises core legislative powers would have to be analyzed under that test.

Q: What about being paid by two public entities at the same time?
A: That is the "double dipping" or "same-hours-pay" question. The AG separately mentioned the 2013 Shepard opinion on this point: a public officer or employee cannot be paid by two public entities for the same hours worked. This is a different rule from separation of powers. The Liddell 2026 opinion explicitly says it is not addressing that issue.

Q: How does the Ethics Commission piece work?
A: The opinion refers conflict-of-interest questions to the Mississippi Ethics Commission rather than answering them. It addresses only whether the dual employment violates the separation-of-powers doctrine, and answers that it does not, within the stated limits.

Background and statutory framework

Mississippi's separation of powers is constitutional, not statutory. Article I, Section 1 divides government into three branches; Section 2 prohibits any person belonging to one branch from exercising the powers of another except as expressly directed by the constitution. The doctrine has been applied flexibly: the Mississippi Supreme Court does not bar all overlap, only the simultaneous exercise of "core powers" across branches.

Dye v. State, 507 So. 2d 332 (Miss. 1987), is the canonical interpretation. The Dye court read Sections 1 and 2 to bar an individual from "exercising core powers, those which relate to acts at the upper level of governmental affairs and have a substantial policy-making character: in two different branches of government." That formulation lets routine public employment by elected officials proceed, since most public-employee work is operational rather than core policymaking.

For sheriffs specifically, the AG's office classified the position as executive in MS AG Op., Davis (Dec. 21, 2023). The 2023 Davis opinion (different from the 2026 Davis opinion in this batch about drainage districts) reasoned from sheriffs' constitutional and statutory functions.

The conflict-of-interest analysis sits beside the constitutional analysis but is separate. The 2025 Liddell opinion (referenced here) addressed simultaneous elected positions and noted multiple potential issues; the 2013 Shepard opinion addressed double-pay; both run on Mississippi Ethics Commission territory rather than on Article I.

The 2026 Liddell opinion is narrow: dual employment as a sheriff and a school-district employee passes the separation-of-powers test as long as the school job stays out of core legislative or judicial territory. The harder ethical and pay-related questions get punted to the Ethics Commission, where they are properly handled.

Citations and references

Constitution:

• Miss. Const. art. I, §§ 1-2 (separation of powers)

Cases:

• Dye v. State, 507 So. 2d 332 (Miss. 1987) (core-powers test for separation-of-powers analysis)

Prior AG opinions referenced:

• MS AG Op., Liddell (Aug. 25, 2025) (simultaneous service in two elected positions; refers ethics questions to the Ethics Commission)
• MS AG Op., Shepard (Apr. 1, 2013) (prohibition against public officer or employee being paid by two public entities for same hours worked)
• MS AG Op., Davis (Dec. 21, 2023) (sheriff exercises core powers within the executive branch)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/02/T.-Liddell-February-12-2026-Separation-of-Powers.pdf

Original opinion text

February 12, 2026

The Honorable Tedrick D. Liddell
Noxubee County Sheriff
314 Allen Bend Road
Macon, Mississippi 39341

Re: Separation of Powers

Dear Sheriff Liddell:

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

Questions Presented

As the newly elected Sheriff of Noxubee County, am I allowed to have a part-time job with the school district if I do not work both jobs at the same time, or will it be a conflict of interest?

Brief Response

It is not a violation of the separation of powers doctrine for a sheriff to also be employed by a local school district as long as the referenced employment is within the executive branch of government or does not exercise core powers in the legislative or judicial branches of government.

Applicable Law and Discussion

As an initial matter, your request asks whether the referenced dual employment is a conflict of interest. For questions regarding conflicts of interest, we refer you to the Mississippi Ethics Commission. See MS AG Ops., Liddell at 1 (Aug. 25, 2025) (stating that simultaneous service in two elected positions is not necessarily prohibited, but several potential issues may arise) and Shepard at 2 (Apr. 1, 2013) (discussing the prohibition against a public officer or employee being paid by two public entities for the same hours worked). This opinion is limited to whether the referenced employment violates the separation of powers doctrine.

The doctrine of separation of powers prohibits a person in one branch of government from simultaneously serving in another branch of government. MISS. CONST. art. I, §§ 1-2. The Mississippi Supreme Court has interpreted these constitutional provisions as precluding an individual from simultaneously exercising core powers — those which relate to acts at the upper level of governmental affairs and have a substantial policy-making character — in two different branches of government. Dye v. State, 507 So. 2d 332 (Miss. 1987).

A sheriff exercises core powers within the executive branch of government. MS AG Op., Davis at *1 (Dec. 21, 2023) (internal citations omitted). Thus, a sheriff may not simultaneously hold a position that exercises core powers in either the judicial or legislative branch of government. However, as long as the referenced employment is within the executive branch of government or does not exercise core powers in the legislative or judicial branches of government, it is not a violation of the separation of powers doctrine for a sheriff to simultaneously be employed by a local school district.

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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General