Mississippi Advisory Opinions January 19, 1989: 19890119 (January 19, 1989)

Advisory Opinion Text

Mr. Oscar R. Jordan

Attorney at Law

914 Washington Avenue

Ocean Springs, MS 39564

Dear Mr. Jordan:

Attorney General Mike Moore has received your letter requesting an opinion from this office and has assigned it to me for research and reply.

Your letter states as follows:

My question involves a ruling by your office as to the eligibility of a civil service employee as defined in Section 21–31–27, et. seq. qualifying and running for an office within the city of which he is an employee.

I have reviewed the opinions of your office regarding municipal employees and specifically your opinions of 11/5/82 (Smith); 1/10/83 (Permenter); 7/13/83 (Meadows); and 3/13/87 (Marlow), but all of these opinions appear to deal with a city employee running for a public office other than within that city.

This office has determined by prior opinion of February 10, 1983 to Chief Charlie Watkins, City of Columbus Police Department, that the restrictions and proscriptions of Section 21–31–27, Miss. Code of 1972, apply to civil service employees of municipalities within the purview of Section 21–31–1, et. seq., Miss. Code of 1972 . Section 21–31–75, Miss. Code of 1972, applies to city employees who are covered by the civil service laws that govern municipalities included under Section 21–31–51, et. seq., Miss. Code of 1972 .

The restrictions concerning political activity of municipal civil service employees embodied in Sections 21–31–27 and 21–31–75 are as follows to-wit:

§ 21–31–27 . Political services and contributions.

No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether, elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.

If any person holding any office, place, position or employment subject to civil service, actively participates in political activity in any primary or election in a municipality where he is employed, it shall be deemed cause for removal. * * *

§ 21–31–75 . Political services and contributions.

No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose. No such employee shall engage in any political campaign as a representative of any candidate or shall engage in pernicious activities, and any person so engaging in such activities shall be subject to dismissal or demotion.

The municipal civil service laws afford covered employees certain protections with respect to their employment. The Mississippi Legislature in granting these protections simultaneously imposed certain limitations and restrictions which are embodied in Sections 21–31–27 and 21–31–75, supra. Accordingly, it is the opinion of this office that these statutes would authorize the dismissal for cause of a covered employee who participates as a candidate for an elective office in a municipality where he is employed. While the above statutes provide that such activity constitutes cause, in our opinion they do not mandate dismissal; such would be within the discretion of the governing authorities.

In addition, we do not think that the legislative purpose is furthered by creating an exception that permits a civil service employee to claim exemption from the restrictions of these statutes by taking a leave of absence without pay. If he desires to seek election to municipal office, he should sever his employment relation with the municipality.

Sincerely,

Mike Moore Attorney General.

ATTACHMENT

November 3, 1988

Hon. Edwin Lloyd Pittman

Attorney General

State of Mississippi

Post Office Box 220

Jackson, MS 39205–0220

Dear General Moore:

My question involves a ruling by your office as to the eligibility of a civil service employee as defined in Section 21–31–27, et. seq. qualifying and running for an office within the city of which he is an employee.

I have reviewed the opinions of your office regarding municipal employees and specifically your opinions of 11/5/82 (Smith); 1/10/83 (Permenter); 7/13/83 (Meadows); and 3/13/87 (Marlow), but all of these opinions appear to deal with a city employee running for a public office other than within that city.

As time is of the essence an early response would be appreciated.

Sincerely yours

OSCAR R. JORDAN