JACKSON – Gov. Haley Barbour’s veto of language establishing a pool of money to provide overtime pay to state troopers is “unconstitutional and invalid,” according to an opinion issued Thursday by Attorney General Jim Hood’s office.

But Barbour responded, “The attorney general has his opinion, and I have mine.”

In the nonbinding opinion, Mike Lanford, deputy attorney general, wrote that the Constitution gives the governor authority to veto portions of appropriations bills. But the courts have made it clear that there are strict restraints on the governor’s partial veto authority.

Barbour went beyond that authority when he vetoed sections of an appropriations bill for the Department of Public Safety, Lanford wrote.

Hood said he probably would pursue the issue in court if Department of Public Safety Commissioner Steve Simpson does not adhere to the opinion.

The attorney general’s opinions do not carry the weight of law, but protect governmental officials who adhere to them from lawsuits.

Simpson, who was appointed by Barbour, had no comment Thursday afternoon.

“The law regarding the governor’s authority to partially veto appropriations bills is so well-established that there should be no question regarding it,” Lanford wrote, in the opinion requested by House Appropriations Chair Johnny Stringer, D-Montrose. “The law has been decided by several recent Supreme Court decisions...”

Veto authority

Lanford explained the courts have ruled that the governor has authority to veto a portion of an appropriation, as long as it does not affect other appropriations in the bill.

But Lanford said the courts have ruled that the governor does not have authority to veto a condition on an appropriation, such as setting aside money to provide overtime to troopers.

The agreement provides money in the Department of Public Safety budget for overtime pay for the state’s about 550 troopers, other DPS officers and Bureau of Narcotics agents.

It was the last item the Legislature passed on June 30 as it raced to approve a budget before the new fiscal year began on July 1.

Barbour partially vetoed provisions setting aside $3.2 million for overtime pay because he said they “severely restrict management authority within the Department of Public Safety and threaten forced cuts in other critical areas of the agency.”

In the opinion, the attorney general’s office said, even though the veto is unconstitutional, Public Safety Commissioner Simpson does not have to spend the funds designated for overtime pay.

But the funds cannot be spent on anything else, the opinion added. If the funds are not spent on overtime pay, they will lapse to the general fund.