Mississippi Advisory Opinions July 28, 1994: AGO 94-0438 (July 28, 1994)

Advisory Opinion Text

Deputy James Sparacello

Walthall County Sheriff's Department

807 Magnolia Avenue

Tylertown, Mississippi 39667

RE: POLICY AGAINST COUNTY EMPLOYEE BEING CANDIDATE FOR PUBLIC OFFICE

Dear Deputy Sparacello:

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

“I would like to obtain your opinion of any illicit or legal accusations that may occur should I decide to seek the office of Sheriff of Walthall County in the upcoming 1995 Election.

At present time I am a Deputy Sheriff of Walthall County and also assign to the Mississippi Bureau of Narcotics as a Metro Narcotics Agent. This means that Walthall County puts in $20, 000.00 a year and the Federal Grant matches the rest. The Metro reimburses the county for salaries and expenses. I am paid by county check.

The current sheriff is not seeking election, he's going to retire. Due to this a small department and financial reasons, I do not wish to resign or take a leave of absence from this position.

Should I qualify for the election, campaigning and/or soliciting votes on my behalf would ONLY take place after hours or on my days off.

To assist you in your opinion, I have enclosed a copy of the personnel policy governing all of Walthall County.

Your response (written) to this request will be greatly appreciated. Should you have any questions, please feel free to call me at the Walthall County Sheriff's Department.”

We find no state statutory prohibition against a deputy sheriff continuing his employment with the county after qualifying as a candidate for public office.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.