Mississippi Advisory Opinions April 18, 1997: AGO 000011940 (April 18, 1997)

AGO 000011940.

Dear Mr. Jordan:

Attorney General Mike Moore has received your letter of April 7, 1997, on behalf of the City of Ocean Springs and has asked me to respond. Your letter states:

Ocean Springs has an aldermanic form of government. Civil Service is mandated in Ocean Springs by virtue of Section 21-31-1(2)(d), Miss. Code 1972, Ann.

Is it permissible for a Civil Service Commissioner to assist a candidate for municipal office (i.e., mayor, alderman) in his bid for election by the placement of signs on his property, distribution of literature, etc. without violating the prohibitions set forth in Section 21-31-27?

Miss. Code Ann. Section 21-31-27 sets forth limitations on political activity by municipal officers and employees who are subject to civil service, stating:

No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.

If any person holding any office, place, position or employment subject to civil service, actively participates in political activity in any primary or election in any municipality where he is employed, it shall be deemed cause for removal.

The statute applies to civil service employees and does not apply to officers or employees who are not covered by civil service. MS AG Op., Frasier (January 24, 1989) and MS AG Op., Jordan (January 19, 1989). Civil service commissioners are officers who are not covered by civil service but who are administrators of the civil service system. Therefore, the statute does not prohibit a civil service commissioner from assisting a candidate for municipal office, i.e., mayor or alderman, by placing signs on his own property, distributing literature, or otherwise actively campaigning for the candidate.

If we may be of any further assistance, please let us know.

Sincerely,

MIKE MOORE,

ATTORNEY GENERAL

By: Alice D. Wise

Special Assistant Attorney General