Mississippi Advisory Opinions February 23, 2001: AGO 2001-0095 (February 23, 2001)

Advisory Opinion Text

Leslie P. Barry, Esquire

Attorney for the City of Laurel

Post Office Drawer 1409

Laurel, Mississippi 39441-1409

Re: Political Activities of Civil Service Employees

Dear Ms. Barry:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. Your letter states:

The City of Laurel has had an inquiry about what assistance a municipal employee covered by Civil Service may or may not contribute to a municipal election. Upon review of Section 21-31-27, Political Service and Contributions, there appears to be contradiction between paragraphs one and two, and at the very least, an ambiguity. What political activities can a civil service employee participate in without subjecting himself to termination?

Particularly, paragraph one of Section 21-31-27 implies that a covered employee may make monetary contributions or render political service “for any political purpose.” Paragraph two states that a covered employee subjects himself to termination if he “actively participates” in political activity for a municipal primary or election.

Please clarify and/or distinguish what a civil service employee may and may not do (1) during the campaign period before a municipal election and (2) during the primary or election event.

In response to your inquiry and as indicated in your letter, it appears that the first paragraph of Section 21-31-27 generally contemplates that covered employees may make voluntary monetary contributions to political candidates or parties and provide other “political services” but cannot be coerced into making such contributions or providing such services.

The second paragraph prohibits covered employees from “actively” participating in political activity specifically in “any primary or election in a municipality where he is employed.”

We are of the opinion that while covered employees may make contributions and provide “political services” to candidates and parties in federal, state and municipal elections in municipalities where they are not employed, they may not do so in primaries and elections conducted in and by the municipality where they are employed without being subject to removal. MS AG Op., Jordan (January 19, 1989).

Sincerely,

Mike Moore, Attorney General

Phil Carter, Special Assistant Attorney General