Mississippi Advisory Opinions March 12, 1979: 19790312 (March 12, 1979)

Advisory Opinion Text

Honorable Hugh N. Clayton

Clayton & Clayton

Attorneys at Law

Post Office Box 157

New Albany, Mississippi 38652

Dear Mr. Clayton:

Attorney General Summer has received your letter of request dated March 9, 1979, and has assigned it to me for research and reply.

In your letter you inquire as follows:

‘I hand you herewith a duplicated copy of a letter of February 9, 1979, signed by Mrs. Betty Jo Stewart to the Acting Director of the Union County Welfare Department, a copy of a letter dated March 1, 1979 from the Social Work Administrator, Division of the Social Services, to a Service Supervisor in the Welfare Department who lives at Ripley, Mississippi, having supposed to be a response but appears to pass the buck. I also hand you a copy of pages 127 and 128 of the Mississippi, Purchase of Service Handbook.

I am the Attorney for the New Albany Municipal Separate School District. We need an opinion from you on or before March 20th, if possible, with regard to the request of Mrs. Betty Jo Steward. Frankly, I can't tell the difference between some things the employee may do and may not do.

Therefore, the question is, may Mrs. Stewart, employed in Title XX Welfare Program, administered by the New Albany City Schools, work on behalf of her husband—candidate, who is seeking the State Democratic nomination as the Highway Commissioner from the Northern District of the State of Mississippi?'

I perceive from the attachments to your letter that the welfare officials have concluded from their regulations that the only question that remains is whether the Hatch Act is applicable in this factual situation. They indicated that ‘Should the employer (the school district) be unable to interpret the clause of the Hatch Act in question, we suggest that he request an opinion of the attorney's office regarding the matter.’ To this suggestion, we are compelled to respond that the Hatch Act, being federal law, is not subject to an official interpretation or enforcement, by the Mississippi Attorney General's Office.

The United States Civil Service Commission enforces the Hatch Act. Enclosed is a Summary Statement Regarding Political Activity of State or Local Officers and Employees, which contains, among other things, the address and phone number regarding questions involving the Hatch Act.

With kind personal regards, I am

Very truly yours,

A. F. Summer, Attorney General.

George M. Swindoll, Assistant Attorney General.