Mississippi Advisory Opinions August 12, 1987: 19870812 (August 12, 1987)

Advisory Opinion Text

Honorable James T. Singley

Attorney for the Civil Service Commission

City of Meridian

Post Office Box 5247

Meridian, Mississippi 39302-5247

Dear Mr. Singley:

Attorney General Pittman has received your letter of request and has assigned it to me for research and reply. Your letter states:

“A Civil Service employee of the City of Meridian, Mississippi has qualified to run in the upcoming Board of Supervisors of Lauderdale County election. It is anticipated that the Civil Service Commission will be called upon to determine whether or not this employee must resign or take a leave of absence in order to remain a valid candidate for the office. I believe your office has answered the question in the above mentioned opinion of November 5, 1982, however, we are not advised as to whether or not you have issued any subsequent opinions relating to the same subject./ Your advice as to whether or not any such opinions have been issued since November 5, 1982, will be appreciated.”

A copy of the opinion issued to Chief Larkin I. Smith, dated November 5, 1982, is attached hereto.

Please find enclosed an official opinion of this office dated July 13, 1983, addressed to the Honorable Joseph P. Meadows wherein we state that the restrictions and constraints found in Miss.Code Ann. §§ 21-31-37 and 21-31-75 (1972) are not interpreted to require a municipal employee subject to civil service to take a leave of absence when qualifying for and running for election to a county office.

Very truly yours,

Edwin Lloyd Pittman, Attorney General.

Pete J. Cajoleas, Assistant Attorney General.