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

If you are a sheriff or other county-level executive considering outside employment

Mississippi's separation-of-powers doctrine is narrower than people assume. It does not bar you from holding a paid second job with another government employer. It bars you from simultaneously exercising core powers in a different branch. So a sheriff teaching a class, coaching a team, or working in a school's operations department is fine. A sheriff who simultaneously sits on a school board (an elected legislative-style policymaker) or serves as a magistrate (judicial) is not.

The conflict-of-interest analysis is separate and runs through the Ethics Commission. Get a written advisory from the Ethics Commission before taking on dual public employment, especially if the second job is paid out of public funds or involves overlapping subject matter (e.g., a sheriff who also works school security).

If you are a school district administrator hiring an elected official as a part-timer

Confirm two things. First, whether the elected official's primary office is in the same branch as the position you are hiring for (most school positions are executive-branch operational work). Second, whether the position you are filling involves any core legislative or judicial power (most operational roles do not). If both checks come back clean, the separation-of-powers analysis is satisfied. Conflict-of-interest and same-hours-pay rules are still independent issues to clear.

If you are a county supervisor or other elected official thinking about teaching at a school

The 2025 Liddell opinion (separately referenced in this one) addresses the dual-elected-position scenario; this 2026 opinion addresses the elected-plus-employed scenario. Both turn on the same core-powers test. As long as the second role does not put you in a core legislative or judicial capacity, the constitutional question is settled. The harder questions are usually Ethics Commission territory.

If you are an attorney advising public employees about outside work

The two-tier framework is: (1) separation of powers under Dye and Article I, §§ 1-2, focused on core powers across branches; and (2) the conflict-of-interest framework run by the Ethics Commission, focused on financial and policy conflicts. The Liddell 2026 opinion answers only the first. Always run the Ethics Commission piece in parallel; they can issue formal advisory opinions that protect your client.

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: That is the closer case the opinion does not directly answer. A school board is elected, exercises policy-making authority, and has often been classified as legislative for separation-of-powers purposes. If the second position is "core legislative," the dual role would conflict with the executive sheriff role under Dye. Practically, anyone considering this should get an advisory opinion before running.

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 Mississippi Ethics Commission applies the conflict-of-interest provisions of state law (including the public-purchasing and public-funds restrictions in Title 25). The Commission issues advisory opinions on request. For dual public employment, an Ethics opinion is often the more important document; AG separation-of-powers opinions tend to find dual employment permissible when the Ethics rules do not.

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