Q Our School Board created a position for an Assistant Superintendent, mid-year, and it was filled by someone who was previously a school principal. She entered into a contract at the same rate of pay for the remainder of the year, and her contract was renewed the following year. Now she has requested additional compensation because she alleges that she was not paid in accordance with the Schoolís Administrative Pay Scale. May we pay her the additional compensation?

A Section 96 of the Mississippi Constitution prohibits the payment of extra compensation to a public employee, but back pay clearly owed to a public employee but not paid because of an Administrative error is permissible. If the School Board determines that the amount in question was required to be paid pursuant to School Board Policies without exception, then such payments may be lawfully made. If the policies allow exceptions or variations in salaries at the discretion of the School Board and such discretion was exercised in the approval of the contracts at issue, then such additional payments would be prohibited. (Attorney Generalís Opinions to Mayfield, January 15, 2015)