Mississippi Advisory Opinions February 16, 2007: No. 2007-00082 (February 16, 2007)

No. 2007-00082.

Dear Mr. Swoope:

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

As Executive Director of the Mississippi Development Authority (MDA), I respectfully request an opinion from your office as to whether an employee of this agency may be a candidate for Public Service Commission and continue to be employed by the agency.

The following facts are presented in reference to this request. This employee presently serves as an elected Supervisor (MS AG Op., Barbour, March 3, 2000) and as a full-time employee of the State of Mississippi serving with the Mississippi Development Authority. His salary at MDA is paid from state funds and he is assigned to the Minority Business Division as a Project Manager, Senior. This division does administer federally funded programs. This employee has publicly announced his intention to run for the Public Service Commission in the upcoming election but has not officially filed to be a candidate as of the date of this letter.

The questions are as follows:

1. May he continue to be employed full- time with the MDA while a candidate for Public Service Commission? 2. If the answer to the above is in the affirmative, may he take a leave of absence, with or without pay, for the duration of the campaign?

I understand that your office cannot opine as to the Hatch Act and how it applies in this instance. Therefore, that matter will be referred to the Office of Special Counsel or the United States Attorney for clarification as to the applicability of the Hatch Act to his particular circumstance.

While certain statutes prohibit employees of the Department of Wildlife and the Department of Public Safety from running for office, we find nothing in state law that would require an employee of the Mississippi Development Authority to resign in order to be a candidate for public office. Therefore, we are of the opinion that, insofar as state law is concerned, such employee may continue his current employment while he is a candidate for an elective office. As noted in your letter whether the Federal Hatch Act is applicable must be answered by the proper federal office.

In response to your second question, we have previously opined that a state employee may take personal leave while running for office and that once such employee has exhausted all accrued personal leave and all lawfully accumulated compensatory leave, the appropriate appointing authority may lawfully grant the employee a leave of absence without pay. MS AG Op., Warren (February 11, 2000).

Sincerely,

JIM HOOD,

ATTORNEY GENERAL

By: Phil Carter

Special Assistant Attorney General