Mississippi Advisory Opinions February 08, 1995: AGO 95-0047 (February 08, 1995)

Advisory Opinion Text

Mr. R. Barry Vickery

Supervisor, District 1

Hinds County

P. O. Box 686

Jackson, MS 39205-0686

Re: County Employee Running for Office

Dear Mr. Vickery:

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

I would like an opinion as to whether or not it is permissible for a county employee to take leave of absence, using personal leave, to run for an elected county office.

In response, we know of no statute that would prohibit a county employee from using personal leave to run for an elected county office. Please see attached copy of prior opinion to Cofer dated 4-18-83.

Very truly yours,

Mike Moore, Attorney General.

Mike Lanford, Assistant Attorney General

ATTACHMENT

April 18, 1983

Honorable James E. Cofer

Director

Mississippi Commission of Budget and Accounting

Post Office Box 267

Jackson, Mississippi 39205

Re: Vacation Time/Elections Dear Mr. Cofer:

Your request for opinion has been received by Attorney General Bill Allain, who has referred it to the undersigned for research and reply.

Although you ask about vacation time being a property right your question is more directed toward whether an employee may take accrued annual leave for the purpose of campaigning for office. Specifically, you ask about Section 23-3-29 of the Mississippi Code, Annotated, 1972, which prohibits any employee from receiving any leave at the expense of the employer to campaign for any candidate. This section is directed in the main against the coercion of employees and the abuse of using employees as campaign workers.

However, since the adoption of 23-3-29 the legislature has enacted a statute creating earned vacation time, Section 25-3-93 of the Mississippi Code, Annotated, 1972, which allows an accumulation of up to forty-five days of earned vacation time.

It is our opinion that the language “leave of absence at the expense of the employer” does not encompass earned vacation time, and an employee may take earned vacation time and campaign for election.

Very truly yours,

Bill Allain, Attorney General

Larry J. Stroud, Special Assistant Attorney General