Mississippi Advisory Opinions February 16, 2018: AGO 2018-00010 (February 16, 2018)

Advisory Opinion Text

AUTH: Phil Carter

RQNM: Roger Liddell

SUBJ: Schools - Other Employees

SBCD: 212-A

TEXT: Mr. Roger Liddell

Superintendent, Noxubee County School District

Post Office Box 540

Macon, Mississippi 39341

Re: School district employee running for constable

Dear Mr. Liddell:

Attorney General Jim Hood received your letter of request and assigned it to me for research and reply.

Facts

You state that an individual who is currently employed with the Noxubee County School District wants to run for constable. The employee’s law enforcement certification was cancelled by the Board of Minimum Standards. He does not have any felony convictions.

Questions

(1) Is the employee eligible to run for constable without certification?

(2) Will it be a conflict of interest to maintain the positions of transportation supervisor with the Noxubee County School District and constable for Noxubee County?

Responses

In response to your first question, the fact that the employee does not have law enforcement certification does not disqualify him from being a candidate for constable. Therefore, he may run for constable provided he meets all qualifications to hold that office.

If elected, he will be subject to the training provisions of Mississippi Code Annotated Sections 19-19-5 and 19-19-6 (Revised 2012).

In response to your second question, questions regarding potential conflicts of interest must be addressed by the Mississippi State Ethics Commission.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

Phil Carter, Special Assistant Attorney General