Haas, 081473 MSAGO, 1973-0003

Case DateAugust 14, 1973
CourtMississippi
Honorable Michael D. Haas
No. 1973-0003
Mississippi Attorney General Opinions
August 14, 1973
         Honorable Michael D. Haas          Attorney at Law          P. O. Drawer UU          Bay St. Louis, Mississippi 39520          Dear Mr. Haas:          Attorney General Summer has received your letter of request dated June 18, 1973, and assigned it to the undersigned for research and reply.
You submit the following questions, to-wit: “1. Whether or not elected officials from the participating governmental units of the Gulf Regional Planning Commission (in this case, the members of the Boards of Supervisors) could be appointed as voting members of the Commission? “2. Whether or not elected officials, other than members of the Boards of Supervisors, could be appointed as voting members of the Commission?”
         You quote Sections One and Two of the Mississippi Constitution of 1890, and refer to the case of Broadus v. State in your letter. You further correctly state that the Supreme Court of this State has in a number of cases held that members of the boards of supervisors are judicial officiers.          You further point out that the enabling legislation for regional planning commissions does not state members are public officers as contemplated by the constitutional provision separating the offices in the three departments of government.          It appears that the answer to your first question must include a determination of whether or not such members of the commission are public officers within the cited constitutional provisions.          It is to be noted that the legislation authorizing the creation and establishment of Regional Planning Commissions provides that the commission shall act in an advisory capacity to local municipalities and counties, that such Commission members shall receive no compensation for their services, but shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties.          In the case of Golding v. Armstrong, 97 So. 2d 379, the Supreme Court said:
“In the case of State ex rel.Brown v. Christmas, 126 Miss. 358, 88 So. 881, 882, the court held: 'An office, broadly speaking, is a public
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