Mississippi Advisory Opinions March 09, 1993: AGO 93-0106 (March 09, 1993)

Advisory Opinion Text

George L. Dorrill, Esquire

Attorney for City of Kosciusko

Post Office Drawer 130

Kosciusko, Mississippi 39090

Re: Municipal Elections

Dear Mr. Dorrill:

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

“This firm represents the City of Kosciusko, Mississippi.

Candidates have started to file for the city elections to be held his summer.

One young man, whose father is the chief detective for the City of Kosciusko, desires to run for alderman.

I would appreciate your advising the City of Kosciusko if there would be any conflict with the nepotism law or other provisions of law in this young man serving as alderman, in view of:

1. The Board of Aldermen being over the entire police department;

2. The Board of Aldermen sets the salaries of the police officers, including the salary of the chief detective; and

3. The Board of Aldermen may be required to make decisions based upon recommendations of the chief detective, and other decisions which may have an effect upon the chief detective.

I would appreciate your replying to this inquiry as quickly as possible, since this young man would like to qualify for the office before any other potential candidates announce for the position.”

In response to your inquiry and insofar as the nepotism law is concerned, we find no prohibition against the son of the chief detective of a municipality being a candidate and, if elected, serving on the board of aldermen of the same municipality.

Insofar as possible conflicts of interest are concerned, we are forwarding a copy of your request to the State Ethics Commission and requesting that said commission issue to you its opinion regarding same.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.