Mississippi Advisory Opinions July 18, 1979: 19790718 (July 18, 1979)

Advisory Opinion Text

Honorable Dewitt T. Hicks, Jr.

Gholson, Hicks & Nichols

Attorneys at Law

Post Office Box 1111

Columbus, Mississippi 39701

Re: Municipalities—Elections—Political Activities of Employees

Dear Mr. Hicks:

Attorney General A. F. Summer has received your letter and has assigned it to me for research and reply.

For convenience of reference, a copy of your letter is attached.

The provisions of Section 21–9–71 of the Mississippi Code of 1972, Annotated, which impose restrictions on the political activities of employees and certain officers, are not applicable to other forms of municipal government. The provisions of each chapter on municipal forms in Title 21 must be examined to determine what, if any, such restrictions are applicable to a particular form.

When a municipal public utility commission exists under the provisions of Chapter 27 of Title 21 of the Code, its officers and employees would be subject to the lawful statutory restrictions placed on the officers and employees of the particular form of municipal government of the municipality wherein the commission exists.

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.

Reference is made to the attached copy of a letter of January 29, 1979, from this office to Honorable Stephen W. Rimmer of Canton, which expresses an opinion relevant and responsive to the text of the proposed policy in Columbus' personnel manual. It states, inter alia, that it is the opinion of this office that a municipality cannot terminate a person's employment by the municipality for the sole reason that such person takes an active part in any political purpose or engages in active campaigning to hold partisan public office without preclearance under Section 5 of the Voting Rights Act of 1965.

We trust this will be of assistance to you.

With kind regards, I am

Very truly yours,

A. F. Summer, Attorney General.

S. E. Birdsong, Jr., Special Assistant Attorney General.