Mississippi Advisory Opinions November 17, 1983: 19831117 (November 17, 1983)

Advisory Opinion Text

Mr. John M. Sims

Attorney for the Jasper County Board of Supervisors

P. O. Drawer P

Heidelberg, Mississippi 39439

Dear Mr. Sims:

Attorney General Bill Allain has received your opinion request and has assigned it to me for research and reply, your letter of request stating:

“I am writing this letter as the attorney for and at the request of the Board of Supervisors of Jasper County, Mississippi, and would like an opinion on the following matter:

“The Jasper County Board of Supervisors desires to employ as County Administrator a person who meets all of the statutory qualifications as County Administrator, but is married to the niece of a member of the Board of Supervisors. In other words, while there is no direct blood relationship between the candidate and the supervisor, the candidate is married to a person related to the supervisor within the third degree.

“We have previously obtained opinions from your office that persons of a professional nature, such as attorney and engineer, are exceptions from the nepotism statutes. My question is whether or not the County Administrator, who has a B.A. Degree, is an accountant, and professional person, would also be such an exception?”

Section 25-1-53, Mississippi Code of 1972, makes it unlawful for a board “to appoint or employ, as an officer, clerk, stenographer, deputy or assistant who is to be paid out of the public funds, any person related by blood or marriage, within the third degree, computed according to the rule of the civil law—to... any member of the board...having the authority to make such appointment...”

A county administrator would appear to be an “officer” as Section 19-4-3, Mississippi Code of 1972, refers to the administrator as the “liaison officer” and although Section 19-4-7(s) refers to “other administrative duties”, it also equates the administrator with other “officers”. An attorney or accountant not being an “officer, clerk, stenographer, deputy or assistant” but simply an employee, although a professional one, is not included in the prohibition.

A niece is related to a member of the board within the third degree computed according to the rule of the civil law by blood and her husband would be so related by marriage. State Ex Rel. Summer v. Denton , 3 82 So.2d 461 (Miss. 1980).

Yours very truly,

Bill Allain, Attorney General.