Mississippi Advisory Opinions May 30, 1979: 19790530 (May 30, 1979)

Advisory Opinion Text

Mr. & Mrs. Jesse B. Mattison, Jr.

704 Forrest Boulevard

Columbus, Mississippi 39701

Dear Mr. & Mrs. Mattison:

Attorney General Summer is in receipt of and has assigned to me a copy of Governor Finch's letter to you of May 14, 1979 together with a copy of your letter to the Governor dated May 8, 1979 wherein you ask why your son has to resign his position with the Audit Department to run for the office of Tax Assessor-Collector of Lowndes County.

We can understand your concern and interest in this matter. However, we regret that state law prevents this office from advising you or giving you an opinion on the legality of the situation presented in your letter due to the fact that under the statutes, we can only officially respond and reply to certain designated public officials and then only in connection with the duties of their offices.

However, as a matter of information only, this office is not aware of any state statute which requires your son to resign. This is true so long as his candidacy or campaign does not interfere with the full-time performance of his duties as a state employee. Nor are we aware of any state statute which would require him to take a leave of absence without pay from state employment while running for office.

For your additional information, we enclose a copy of an opinion of this office to Dr. E. E. Thrash, dated May 23, 1979.

If you need more specific advice, we suggest you consult your private attorney.

Very truly yours,

A.F. Summer, Attorney General.

John M. Weston, Special Assistant Attorney General.