Q A commission has been created by the Legislature to monitor expenditures of the proceeds of a special sales tax to insure that they are in compliance with the master plan. May the city council members be appointed to the commission?

A No. This commission is in the executive branch of government, while the city council members are in the legislative branch, so Section 1 and 2 of the Mississippi Constitution prohibit them from serving on both. In addition, this would violate the common law doctrine of incompatible offices, as it would put commission members in the position of monitoring their own actions. The Mississippi Supreme Court (Myers v. City of McComb, 943 So.2d 1 (Miss. 2006)) said that the doctrine of incompatible offices still applies in Mississippi. (Attorney General’s Opinion to Blanchard, June 6, 2014)