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Mississippi Advisory Opinions March 25, 2011: No. 2011-00105 (March 25, 2011)

Up to Mississippi Advisory Opinions

Collection: Mississippi Attorney General Opinions
Docket: No. 2011-00105
Date: March 25, 2011

Advisory Opinion Text

Mississippi Attorney General Opinions

2011.

No. 2011-00105.

March 25, 2011

2011-00105
AUTH:Chuck Rubisoff
DATE:20110325
RQNM:Randy Tolar
SUBJ:Sheriff
SBCD:213

Randy M. Tolar, Sheriff
Prentiss County
1901 East Chambers Drive
Booneville, MS 38829

Re: Sheriff's Department using a business owned by a candidate for service work on the department's motor vehicles

Dear Sheriff Tolar:

Attorney General Jim Hood received your request and assigned it to me for research and response.

Issue Presented

Is the Sheriff's Department prohibited from continuing to use a business for service work on its motor vehicles, when the owner of the business has qualified as a candidate for justice court judge?

Response

No. There are no laws which specifically prohibit a sheriff from using a business, owned by a person who has qualified as a candidate for justice court judge, for service work on the sheriff's department patrol car fleet.

However, in the event the candidate is elected and takes office, he or she will be subject to the conflict of interest provisions of State law and the prohibitions relating thereto. See Mississippi Ethics Commission Advisory Opinion No. 01-027-E enclosed. Any inquiries relating to the State's conflict of interest laws or Advisory Opinion No. 01-027-E should be addressed to the Mississippi Ethics Commission, 660 North Street, Suite 100 C, Jackson, Mississippi 39202.

Very truly yours,

JIM HOOD, ATTORNEY GENERAL

By:

Chuck Rubisoff

Special Assistant Attorney General