Mississippi Advisory Opinions July 05, 1977: 1977-0010 (July 05, 1977)

Advisory Opinion Text

Honorable William L. Sneed

Mauldin and Sneed

Attorneys At Law

600 South Main

Pontotoc, Mississippi 38863

Re: Municipal Officers—Interest in Contracts—Elections

Dear Mr. Sneed:

Your letter of June 28, 1977, addressed to the attention of the undersigned of the Attorney General's office has been recorded and assigned to me for research and reply.

Your letter states:

“Howard Stafford, Mayor of the City of Pontotoc, has requested that I write you for a written opinion concerning a situation which arose as a result of the recent municipal elections held in the City of Pontotoc, Mississippi.

Vergil Henry, who has been a meter reader for Union Gas Company since June 1, 1969, was elected as Alderman at Large for his fifth consecutive four year term. The City of Pontotoc has been negotiating and recently, by resolution, declared its intent to purchase the Union Gas Company, said purchase to be effective June 3, 1977. The City has agreed to absorb all of the present employees, including Mr. Virgil Henry, of the Union Gas Company.

The question is whether or not Mr. Henry can continue his employment with the gas company and also continue to serve as Alderman at Large.”

With exception of the question posed, your June 28th letter is verbatim with your June 2nd letter wherein you inquired if continued employment and service would constitute nepotism. We replied on June 9th, 1977 that it would not be a violation of Section 25–1–53—the “nepotism” statute.

As we understand your letter, the gas company became a public utility of the City as of June 3rd, 1977. Under these circumstances, it is my opinion that Mr. Henry cannot serve as Alderman at Large and in the dual capacity of a city meter reader (employee).

With kind regards, I am

Very truly yours,

A.F. Summer, Attorney General.