Mississippi Advisory Opinions May 07, 1992: 19920507 (May 07, 1992)
Collection: Mississippi Attorney General Opinions
Docket: 19920507
Date: May 7, 1992
Advisory Opinion Text
Mr. Joe Edd Kea
Superintendent of Education
Post Office Drawer 478
Carthage, Mississippi 39051
Dear Mr. Kea:
Attorney General Mike Moore has received your recent request for an opinion and has assigned it to me for research and reply. Your letter states:
I am the elected Superintendent of Education of Leake County. At the end of this school year the Leake County School System will have a vacancy for an elementary administrator. I have a niece that is married to an elementary administrator who would like to apply for this position. I am concerned with the nepotism law. It is called Nepotism Prohibited 25–1–53.
May I as an elected Superintendent of Education hire my niece's husband who is an administrator in the position of elementary principal in the school district where I am employed? Would this be lawful if he is the best candidate for this position?
The controlling nepotism statute relative to a certificated employee is § 37–9–21, Mississippi Code of 1972 . An elementary administrator, i.e. principal, is a certificated employee.
Section 37–9–21 states:
It shall be illegal for any superintendent, administrative superintendent, principal or other certificated employee to be elected by the school board if such superintendent, administrative superintendent, principal or certificated employee is related within the third degree by blood or marriage according to the common law to a majority of the members of the school board. No member of the school board shall vote for any person as a superintendent, administrative superintendent, principal or certificated employee who is related to him within the third degree by blood or marriage or who is dependent upon him in a financial way. Any contract entered into in violation of the provisions of this section shall be null and void.
Inasmuch as the person in question is not related within the third degree by marriage according to the common law to a majority of the members of the school board, the nepotism statute would not prevent the board from electing him to the position of elementary principal.
Sincerely, Mike Moore, Attorney General
ATTACHMENT
April 14, 1992
OFFICE OF THE ATTORNEY GENERAL
CARROLL GARTIN JUSTICE BUILDING
POST OFFICE BOX 220
JACKSON, MS 39205–0220
Dear Mr. Moore:
I am the elected Superintendent of Education of Leake County. At the end of this school year the Leake County School System will have a vacancy for an elementary administrator. I have a niece that is married to an elementary administrator who would like to apply for this position. I am concerned with the nepotism law. It is called Nepotism Prohibited 25–1–53.
May I as an elected Superintendent of Education hire my niece's husband who is an administrator in the position of elementary principal in the school district where I am employed? Would this be lawful if he is the best candidate for this position?
Sincerely, Joe Edd Kea Superintendent of Education