Mississippi Advisory Opinions August 26, 1993: AGO 93-0422 (August 26, 1993)

Advisory Opinion Text

Honorable Joseph M. Shepard

Attorney for Marion County

Board of Supervisors

250 Broad Street

Columbia, Mississippi 39429

Re: County employee's candidacy for school board

Dear Mr. Shepard:

Attorney General Mike Moore has received your request for an official opinion of this office and has assigned it to me for a reply. Your letter states as follows:

In my capacity as counsel for the Marion County Board of Supervisors, this is a request for a written opinion from your office advising if the following constitutes a prohibited conflict of interest:

May a county employee, currently employed as a secretary with the Marion County Civil Defense, offer herself as a candidate for the Marion County School Board?

If elected to the Marion County School Board, may this person continue her employment with the Marion County Civil Defense office?

Your reply at the earliest possible date will be deeply appreciated.

In response to your first question, we know of no statute or rule that would require an employee of the county civil defense to resign in order to be a candidate for the county school board of education, provided that the employee carries out the duties of his or her job and does not engage in any political activities during working hours. However, we would like to call your attention to Miss.Code Ann. Section 33–15–33, which states:

No individual employed by or for an organization for emergency management established under the authority of this article [civilian defense] shall, while acting under authority of his position or representing himself in his official capacity, participate in any form of political activity, and no such organization shall be employed directly or indirectly for political purposes.

The county civil defense employee should be cautioned that should she decide to become a candidate for the school board, she should avoid campaigning in any official capacity relating to her job with the civil defense.

Regarding your second question, sections 1 and 2 of the Mississippi Constitution of 1890, as interpreted in Dye v. State, 507 So.2d 332 (Miss.1987), prohibits an officer of one branch of government from performing a function “at the core” of power belonging to either of the other two branches where the acts are “ongoing and are in the upper level of governmental affairs and have a substantial policy-making character.” This office has previously opined that a school board member is an officer of the executive branch of the government. Furthermore, it is our opinion that the civil defense is also under the umbrella of the executive branch of the government. Since the office of school board member and civil defense employee are both in the executive branch of government, there is no separation of powers violation in one person serving in both positions.

Very truly yours,

Mike Moore Attorney General

Sandra M. Shelson Special Assistant Attorney General