Mississippi Advisory Opinions April 06, 1979: 19790406 (April 06, 1979)

Advisory Opinion Text

Mr. William Matt Ross

President

Claiborne County Board of Supervisors

Post Office Box 115

Port Gibson, Mississippi 39150

Dear Mr. Ross:

Attorney General Summer has received you opinion request (undated but postmarked April 2, 1979) and has assigned it to me for research and reply, your letter of request stating:

‘I would like to have a ruling on the following topic: If a person is employed by county or city and plan to run for a public office, are they required to resign?

‘Also, if employee salary is 50% paid by Federal Government, would it come under the Hatch Act? Please explain and give ruling.’

There is no State prohibition against a county or city employee's being a candidate for elective public office so long as such does not interfere with the prompt and efficient discharge of his or her duties in carrying out his or her present employment.

As to the Hatch Act, this office is not susceptible to rendering an opinion concerning a federal statute. However, under an informal memorandum on the federal Hatch Act prepared by the U.S. Civil Service Commission, a print copy of which is attached, it appears that ‘if their principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a federal agency’ there is a federal Hatch Act prohibition against their being ‘a candidate for public elective office in a partisan election’. The particular program one is working under would have to be examined in light of the enclosure and the federal authority indicated on the enclosure contacted by that person or your office.

Hoping the above will be of some guidance to you and thanking you for giving this office this opportunity to be of assistance, I remain

Yours very truly,

A. F. Summer, Attorney General.

Richard M. Allen Special Assistant Attorney General.