Mississippi Advisory Opinions July 31, 1998: AGO 98-0428 (July 31, 1998)

Advisory Opinion Text

Sheriff Fred Johnson

Pike County

2109 Jessie Hall Memorial Road

Magnolia, MS 39652

Re: Attorney for Sheriff

Dear Mr. Johnson:

Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. Your letter asks the following questions which we will answer in turn:

1. Is the county supposed to supply the sheriff with an attorney other than the board attorney? In response, we find no statute requiring the county to supply the sheriff with an attorney.

2. Can a fiscal officer be assigned a county vehicle?

3. Can a fiscal officer be paid mileage if he/she doesn't use a county vehicle?

Pursuant to Section 7-5-25 of the Mississippi Code this office may issue opinions to certain local officials regarding their offices. Since these questions do not concern the office of sheriff we must decline to render an official opinion.

4. Does an employee have to take a leave of absence or resign prior to running for the post of a county office such as board of supervisors?

In response, please see MS AG Op., Swayze (May 9, 1979) which states that there is no state prohibition against a county employee being a candidate for elective public office so long as such does not interfere with the prompt and efficient discharge of his duties in carrying out his present employment. The opinion also points out that any county adopted policy requiring a leave of absence or resignation in order to run for office would, if adopted after 1965, have to be approved by the U.S. Justice Department. Of course, any employee running for public office cannot campaign during the hours when occupied or on duty as a public employee; may not use his office, position or employment to benefit his campaign and may not use any public funds, property or facilities to assist in the conduct of his campaign.

Very truly yours,

Mike Moore, Attorney General.

Mike Lanford Assistant Attorney General.