Mississippi Advisory Opinions May 31, 1983: AGO 000003778 (May 31, 1983)

Mississippi Attorney General Opinions

1983.

AGO 000003778.

1983-414

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Dear Mr. Hand:

Attorney General Bill Allain has received your letter and has assigned it to me for reply. In your letter you state:

"I have a question to which I hope you can give me an answer to. I am an emergency technician for the Calhoun County ambulance service. As of May 1, 1983, I was appointed director of the county's civil defense and ambulance service coordinator. Before my appointment to the above position, I had qualified and was running for the office of coroner of Calhoun County.

"The State civil defense office doesn't seem to know whether I can still run for coroner and still hold my appointed position. They said that if the office of coroner was a paying job then I could not hold my position as director. In Calhoun County the office of coroner is not a paid job, except when an inquest is held, which is not too seldom, there- fore, I need to know considering the enclosed in- formation whether I can run for coroner and still hold the job as civil defense director and ambulance service coordinator of Calhoun County."

This office is not aware of any State statutes that would prohibit a director of a county civil defense from running for the office of coroner.

Concerning the Hatch Act, 5 U.S.C.A. 1501, et seq., this office is not the proper office to render a formal opinion on the Hatch Act. However, we have examined the Act and feel there is valid cause for concern. We attach a copy of 5 C.F.R. 151.101, et seq. which interprets the Hatch Act as it applies to State employees. Also, you may wish to communicate with the following officer for information on the Hatch Act:

Office of General Counsel Office of Personnel Management 1900 E. Street, N.W. Washington, D. C. 20415

Trusting that the above will prove of value to you, I am

Very truly yours,

BILL ALLAIN, ATTORNEY GENERAL

By:

Larry J. Stroud Special Assistant Attorney General

LJS:cm Encl.