Mississippi Advisory Opinions July 11, 1991: AGO 000005215 (July 11, 1991)

AGO 000005215.

Dear Constable Ladner:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states that you have been a deputy sheriff in Hancock County for a number of years and have also been serving as a constable since 1989. You advise that subsequent to you becoming a constable, the county instituted a civil service system which prohibits covered employees from engaging in certain political activities.

Since you were elected constable prior to the implementation of the civil service commission your question is whether you are entitled to be a candidate for re-election and continue to serve as a deputy sheriff.

Chapter 802, Local & Private Laws of 1990, authorized the creation of a civil service commission for the Hancock County Sheriff Department. Section 8 provides in part:

"For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this act, all persons holding a position in the Hancock County Sheriff's Department, except the sheriff and chief deputy, who have served continuously in such positions for a period of at least six (6) months are eligible for permanent appointment under civil service to the offices, positions or employments which they then hold, respectively, without examination or other act on their part, and not on probation, and every such person is automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation....." (emphasis added) Section 13 provides in part:

"If any person holding any office, position or employment in the sheriff's department which is subject to civil service actively participates in political activity in any primary or election in Hancock County, it shall be deemed cause for removal."

It is clear from the above that one serving as a deputy sheriff of Hancock County at the time the civil service commission was established becomes a covered employee and is subject to the statutory prohibitions against political activities.

Sincerely,

MIKE MOORE ATTORNEY GENERAL

BY: Phil Carter Special Assistant Attorney General PC:mfd