in Mississippi

Code, § 19-3-47 authorizes the board of supervisors to employ counsel. The board attorney shall
represent the board of supervisors in all civil cases in which the county has interest. This
includes eminent domain proceedings, the examination and certification of title to property the
county may be acquiring, and in any criminal suit against a county officer for malfeasance,
where the county may be financially liable. 79 The board of supervisors also has the authority to
employ a firm of attorneys to represent it as its regular attorney. However, the board may not
employ an attorney and firm of attorneys at the same time as the regular attorney for the board. 80
The board attorney may be removed from office by a majority vote by the board of supervisors.
The board attorney’s duties consist of a wide range of activities. Attending meetings of the board
of supervisors; drafting minutes; answering legal inquiries from board members, other county
officials, and citizens; researching land records; drafting board orders; and obtaining Attorney
General’s opinions are just a few of the basic duties of the board attorney. Other duties that do
not occur on a daily basis include the acquisition of road and bridge right of ways, voting rights
submissions, bond work, and an array of litigation. 81
Generally, the county board attorney is compensated by an annual salary set at the discretion of
the board of supervisors. The salary must not exceed the maximum annual amount authorized by
law for payment to a member of the board of supervisors. 82 The board may also pay reasonable
compensation to their counsel who may be involved with the issuance of bonds and other
business in connection with the issuance of bonds. The attorney’s fee for bond services shall not
exceed the following amounts:
One percent (1%) of the first Five Hundred Thousand Dollars ($500,000.00) of
any one (1) bond issue; one-half (½%) of the amount of the issue in excess of
Five Hundred Thousand ($500,000.00) but not more than One Million Dollars
($1,000,000.00); and one-fourth percent (¼%) of the amount of the issue in
excess of One Million Dollars ($1,000,000). 83
County Administrator
All counties in Mississippi operating under the unit system of road administration are required,
by statute, to employ a county administrator. Counties that are exempt from the unit system of
operation (beat or district counties) are not required to hire an administrator but may do so at the
discretion of the board of supervisors. 84 The county administrator carries out all policies adopted
by the board of supervisors and is subject to the supervision of the board.
Counties operating under the district (or beat) system of road administration who choose to hire a
county administrator must hire an individual who holds a bachelor’s degree from an accredited
university and is knowledgeable in at least one of the following areas: budget planning,
accounting, purchasing, personnel administration or road construction procedures. 85
The county administrator in the unit system of road administration is not required to hold a
college degree but must be knowledgeable in the areas of work projection, budget planning,
accounting, purchasing, cost control, or personnel management. The board of supervisors may
80