Mississippi Advisory Opinions February 25, 1993: 19930225 (February 25, 1993)

Advisory Opinion Text

Luke J. Schissel, Esquire

Attorney for City of Greenwood

Post Office Drawer 659

Greenwood, Mississippi 38930–0659

Re: City Fireman as Candidate for Mayor

Dear Mr. Schissel:

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

“A fireman employed by the City of Greenwood is desirous of entering the race for Mayor of Greenwood.

As my previous inquiry regarding the above matter must have been misplaced, I again ask that you please advise if he must resign as a City fireman or take leave of absence if he does run for the position of Mayor.”

It is our understanding that firemen for the City of Greenwood are covered by a Civil Service System established pursuant to Mississippi Code Annotated §§ 21–31–1 et seq. (Revised 1990).

Section 21–31–27 provides in part:

“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 a municipality where he is employed, it shall be deemed cause for removal.”

Based on the above, it is the opinion of this office that if the fireman in question actively seeks the office of mayor while still an employee covered by civil service, he would be subjecting himself to dismissal pursuant to the procedure set forth in Section 21–31–23.

Sincerely,

Mike Moore, Attorney General.

Phil Carter, Assistant Attorney General.