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2012 Mississippi Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagms0085 and id is 1 raw text is: Mrs. Shirley Ellis-Stampley Ms. Jeanette Travis Office of the Attorney General January 20, 2012 Office of the Attorney General State of Mississippi 11 Opinion No. 2012-00001 *1 January 20, 2012 Re: Supervisors / Hospital Board of Trustees *1 Mrs. Shirley Ellis-Stampley *1 Vice Chairperson *1 Ms. Jeanette Travis *1 Secretary *1 Jefferson County Hospital Board of Trustees *1 Post Office Box 577 *1 Fayette, Mississippi 39069 Dear Mrs. Ellis-Stampley and Ms. Travis: *1 Attorney General Jim Hood received your letter of request and assigned it to me for research and reply. Issue Presented *1 Your letter states in part: *1 The Board of Trustees Chairman won the election to the Board of Supervisors for his district. The now Supervisor is under the impression that he can remain as Chairperson on the Board of Trustees and be the Supervisor, where he would be re-appointing himself to the Board of Trustees. The Board of Supervisors have never given any financial assistance toward the operation of the hospital, but do appoint Board of Trustees members. *1 Our questions are: *11. Does the Board of Supervisors have the rightto do awaywith the Board of Trustees at a hospital? *1 2. Is this situation a conflict of interest, or other problem? Please give opinion/rules. *1 3. Does the aforementioned Supervisor/Board of Trustee have the right to remain on the Board of Trustees and be Supervisor? *1 The Jefferson County Hospital is owned by the County of Jefferson in Fayette, Mississippi and all Board of Trustee members are appointed by the Jefferson County Board of Supervisors from his district. Response *1 We have previously addressed the issues you present in opinions to Mr. Dudley Guice. In our opinion to Mr. Guice dated November 28, 2011 we advised him that once he takes the oath of office and becomes a member of the Jefferson County Board of Supervisors, he automatically vacates his office of Trustee of the Jefferson County Community Hospital. *1 In our opinion to Mr. Guice dated January 3, 2012 we advised him that all duly appointed trustees of a county owned community hospital are entitled to serve the remainder of their respective terms unless, for whatever reason, they are disqualified from holding the office. We further advised that upon the expiration of those terms, the board of supervisors is not obligated to continue appointing / re-appointing trustees serving on an at-large basis that exceed the five trustees mandated by Mississippi Code Annotated Section 41-13-29(1) and noted that there are no holdover provisions for hospital trustees. Sincerely, *1 Jim Hood *1 Attorney General *1 By: Phil Carter *1 Special Assistant Attorney General

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