AGO 000010294.

• Court: Mississippi

Mississippi Attorney General Opinions 1982. AGO 000010294. January 21, 1982DOCN 000010294 DOCK 1982-747AUTH P. L. Douglas DATE 19822101 RQNM Mr. L. K. Sones SUBJ CONFLICT OF INTEREST-STATE-COUNTY-MUNICIPALITIES SBCD 53-B TEXT Mr. L. K. SonesPresident of the Board of Supervisors Pearl River County Poplarville, Mississippi 39470 Dear Mr. Sones: Attorney General Allain has received your letter of request dated January 7, 1982, and has assigned it to me for research and reply. You submit the following, to-wit: "May the Sheriff and/or his deputies pur- chase parts from a vendor who is the owner of a parts house and at the same time serv- ing as a deputy sheriff? The Sheriff and/or his deputies had made purchases from the vendor approximately six months before he became a deputy sheriff? "If purchases are made and payment allowed for same, who is legally liable the Sheriff and/or Supervisors?" The Supreme Court of the State of Mississippi in the case of State ex rel. John Baker v. E. S. Nichols, 106 Miss. 419, has held that the position of deputy sheriff is an office. Section 19-25-19, Mississippi Code 1972, provides in part: ". . . all sheriffs shall be liable for the acts of their deputies, . . . " . Section 109, Mississippi Constitution of 1890, pro- provides: "No public officer or member of the legisla- ture shall be...