Mississippi Advisory Opinions March 03, 1983: 19830303 (March 03, 1983)

Advisory Opinion Text

Mr. Wiley Magee

Post Office Box 768

Mendenhall, Mississippi 39114

Dear Mr. Magee:

Attorney General Allain has received your letter of request concerning political activity by state employees.

According to the provisions of Mississippi Code Annotated § 7-5-25 (1972) the Attorney General has not been authorized by the Legislature to render official opinions to anyone other than certain designated state and local officials and to them only concerning the duties of their respective offices.

However, in an effort to assist you, we offer the following comments and information. Section 43-1-13 specifically prohibits all employees of the state or county welfare departments from being active in any political campaign.

Also, we are enclosing copies of former opinions of this office addressed to Ms. Betty Greer, dated February 2, 1983, Mr. Aubrey D. Rozzell, dated July 27, 1979, and Dr. E. E. Thrash, dated May 23, 1979, respectively.

In summary, the Greer opinion states that the Hatch Act, a federal law, prohibits employees of a federally funded agency from being a candidate for public elective office in a partisan election. It further states that “active participation” would seem to be covered also.

The Rozzell and Thrash opinions state that Section 23-3-29 prohibits political activity by state (and county) employees during the period of time for which he / she is being compensated to render services and further that said statute prohibits political activity by such employee while on leave if he / she is being compensated for such leave time by the employer.

However, said opinions also state that such political activity would not be prohibited if the employee elects to take and the employer grants a leave of absence. This, of course, applies only to employees of non-federally funded agencies for which there are no statutory prohibitions against political activity by employees such as Section 43-1-13 referred to in your letter.

We hope this letter constitutes a satisfactory response to your inquiry.

Very truly yours,

Bill Allain, Attorney General.