Mississippi Advisory Opinions February 23, 2001: AGO 2001-0096 (February 23, 2001)

Advisory Opinion Text

Ronald S. Cochran, Esquire

City Attorney, City of Biloxi

Post Office Box 429

Biloxi, Mississippi 39533

Re: Civil Service Employee Seeking Office in Another Municipality

Dear Mr. Cochran:

Attorney General Mike Moore has received your letter of request and assigned it to me for research and reply. A copy of your letter is attached for reference.

You state in your letter that the City of Biloxi Code of Ordinances specifically prohibits city employees from holding political office during their employment. You further state that said code provides that if any such provision is in conflict with the civil service laws and regulations such laws and regulations shall take precedence.

Your specific question is whether an employee of the City of Biloxi who is covered by the municipal civil service provisions of Mississippi Code Annotated, Sections 21-31-1 through 21-31-27 (Revised 1990) may hold a political office in the City of Moss Point and remain an employee of the City of Biloxi.

Section 21-31-27 provides in part:

If any person holding any office, place, position or employment subject to civil service, actively participates in political activity in any primary or election in a municipality where he is employed, it shall be deemed cause for removal.

We have previously said that state law does not prohibit a municipal civil service employee from being a candidate for county office. See MS AG Op., White (February 28, 1995). Likewise, insofar as state law is concerned, we are of the opinion that a municipal civil service employee may be a candidate for political office in a municipality where he is not employed provided, of course, he meets all qualifications to hold the office he seeks and does not campaign during hours he is being paid to perform his duties as a municipal employee. Furthermore, we find no prohibition against such an employee serving in such dual capacity should he win the election, provided he continues to work the required hours exclusively for the City of Biloxi.

We do not interpret municipal ordinances by official opinion. Therefore, whether or not any ordinance conflicts with civil service regulations or law must be determined initially by the appropriate municipal official(s) and ultimately by a court of competent jurisdiction.

Sincerely,

Mike Moore, Attorney General

Phil Carter, Special Assistant Attorney General