Boutwell, 062089 MSAGO, 19890620

Docket Nº:19890620
Case Date:June 20, 1989
Court:Mississippi
 
FREE EXCERPT
Mr. Gary S. Boutwell
No. 19890620
Mississippi Attorney General Opinions
June 20, 1989
         Mr. Gary S. Boutwell          Constable          Post 1          Lawrence County          Route 3, Box 143–B          Monticello, Mississippi 39654          Re: Constable Uniform, lights and serving subpoenas           Dear Constable Boutwell:          Attorney General Mike Moore has received your letter of request and has assigned it to the undersigned for research and reply. In your letter you ask the following questions:
QUESTION NO. 1: “Will constable get paid for process from 1–1–89 to present.”
         RESPONSE: Under § 19–19–9, Miss.Code Ann .1972 as amended, an individual serving in the office of constable shall not be entitled to the receipt of any fees, costs or compensation authorized by law after the twelve (12) months in office in the event he fails to satisfactorily complete the academy within twelve (12) months after taking office. However, § 19–19–9 supra has been amended by S.B. 2272, General Laws of 1989 to provide as follows:
“No constable shall be entitled to the receipt of any fees, costs or compensation authorized by law after the first twelve (12) months in office if he fails to attend the academy and, to the extent to which he is physically able, participate in the appropriate program or curriculum. Any constable who, prior to the effective date of this act, has not received any fees, costs or compensation because he has failed to satisfactorily complete the required training shall be paid, upon the satisfactory completion of the required training, by the county for all fees, costs or compensation that he would have been entitled to prior to the effective date of this act.”
         It is the opinion of this office that the above statutory language would authorize a constable to receive a fee or compensation for services already performed to which the constable did not receive a fee after he meets the mandatory training requirements. Said fees or compensation are to be paid to the constable upon the constable's satisfactory completion of the required training as set forth in S.B 2272 supra.          Please note that S.B. 2272 supra does not take effect until such time as said bill is submitted by the Attorney General's Office to the federal authorities and said authorities approved S.B. 2272 pursuant to § 5 of the Voting Rights Act of 1965. At this time S.B. 2272 has been submitted to the federal authorities and a response should...

To continue reading

FREE SIGN UP