Mississippi Advisory Opinions April 06, 2007: No. 2007-00175 (April 06, 2007)

No. 2007-00175.

Dear Mr. Noble:

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

As the attorneys for the Town of Inverness, Mississippi, we have been asked by the Town Officials to request an opinion from your office regarding the following:

The present appointed Chief of Police has qualified to run for sheriff of Sunflower County, Mississippi. Because of the nature of the duties of the Chief of Police, the question has been raised about whether a full time Chief of Police can run for an elective office. There are no personnel policies now in existence for Inverness to address this question.

We have previously opined that there is no statutory requirement that a chief of police resign or take a leave of absence to run for the office of Sheriff. MS AG Op., Smith (November 5, 1982). However, in Smith, which addressed this issue regarding the

City of Gulfport, we said:

However, should you qualify and run, you cannot:

1. Campaign during the hours when you are on duty as Chief of Police;

2. Conduct a campaign which interferes with the prompt and efficient discharge of the duties of your position;

3. Use your position to induce or coerce Gulfport municipal officers and employees to contribute money or anything of value to your campaign; nor,

4. Use any Gulfport municipal funds, property, facilities, officers or employees to assist you in the conduct of a campaign.

Sincerely,

JIM HOOD, ATTORNEY GENERAL

By: Phil Carter Special Assistant Attorney General