Mississippi Advisory Opinions July 27, 1979: 19790727 (July 27, 1979)

Advisory Opinion Text

Officer J. E. Gillion

1502 Northview Drive

Greenville, Mississippi 38701

Re: Elections—Qualification of Candidates

Dear Officer Gillion:

Your letter to this office has been received.

Your letter states:

‘I am a police officer employed by the City of Greenville. I am interested in being a candidate for public elective office in a partisan election. Is there any section of the Mississippi Code which deals with the issue of a city employee running for a public office.

‘It a full-time city employee, specifically a police officer, required to resign from city employment if he runs for a city, county or state office? If he is required to resign his employment, at what point must the resignation take place? Is there a provision for what point must the resignation take place? Is there a provision for taking leave without pay from city employment while running for office?

‘I have read the opinion to the Mississippi Air & Water Pollution Control Commission dated March 16, 1979, and prepared by Mrs. Jean R. Richey. Does that opinion have any bearing on my case?

‘I await your reply.’

The office of the Attorney General is authorized to give official opinions to certain State and local officials concerning the duties of their offices and would not be permitted to respond to your letter by an official opinion. However, the following is information concerning your inquiry.

Municipalities in Mississippi are classified by type of government and some types have specific statutory restrictions on municipal employees' political activity. The City of Greenville is a private charter municipality which apparently functions with a council form of government as governed by Chapter 7 of Title 21 of the Mississippi Code of 1972, Annotated (the Code).

There are no statutory provisions governing the council form which impose any restrictions on employees' political activity. However, since Greenville has a charter—which does not appear in the Code or general laws—there is no information here as to any such restrictions that may be in the charter. Also, there may be such restrictions in Greenville municipal ordinances or rules and regulations of a municipal Civil Service Commission that are not known here. You may consider communicating with the City Attorney as to the charter, ordinances, and the Commission.

The mentioned opinion of March 16, 1979, refers to State employees and the Federal Hatch Act. It has no relevance to municipal employees simply as a class. The applications of the Hatch Act is a matter for Federal authorities. Under an informal memorandum on the Federal Hatch Act prepared by the U.S. Civil Service Commission, a 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 or job 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.

Previously this office has stated that whatever other restrictions there might be on a municipal employee such an employee who runs for political office shall not use any municipal funds or property for such purpose; shall not engage in political activity during the employee's regular duty hours; and shall not allow political activities to interfere with the prompt, efficient, and impartial performance of the employee's duties.

With kind regards, I am

Very truly yours,

A. F. Summer Attorney General.

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