Mississippi Advisory Opinions April 14, 1993: AGO 000006701 (April 14, 1993)

AGO 000006701.

Dear Mr. Hilbun:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

"A situation has arisen in the City of Starkville, Mississippi, wherein a Lieutenant in the Starkville Police Department has qualified as a candidate for Alderman in the City. This is in direct violation of the City Personnel Policy, a photocopy of which is attached hereto as Exhibit "A" and made a part of this letter.

It is obvious that if this man is successful, he cannot serve as a police officer and be an alderman. The question I have is what to do in the meantime. Police regulations say that all municipal policemen are on call 24 hours a day. It would appear to me that the City Board has two choices; either to place this man on leave without pay, or to consider his qualification for Alderman as the equivalent of his resignation as a police officer.

I would very much appreciate having the sanction of your office and your advice as to the alternatives open to the City under these circumstances. Time is of the essence and, if possible, I would like to have a response prior to the Board Meeting on Tuesday, April 6, 1993, at 5:30 o'clock p.m."

We assume that the personnel policies of the City of Starkville were duly adopted and are legally enforceable. Based on that assumption, it is our opinion that upon a proper finding that an individual has violated a provision of said policies, the municipal governing authorities would be authorized to imposed any penalties provided for therein. We are of the opinion that the governing authorities would not be authorized to view an employee's qualification as a candidate for public office as being the equivalent of resigning from his municipal employment.

Sincerely,

MIKE MOORE, ATTORNEY GENERAL

BY:

Phil Carter Assistant Attorney General

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