Mississippi Advisory Opinions July 12, 1989: 19890712 (July 12, 1989)

Advisory Opinion Text

Mayor Tom Todd

Town of Ecru

Post Office Box 526

Ecru, Mississippi 38841

Dear Mayor Todd:

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

“I am presently serving as Mayor of the Town of Ecru and am also a candidate for re-election to this office.

My wife has been appointed as a member of the Municipal Election Commission.

Would you please let me know at your earliest possible convenience if a conflict exists with this situation?”

We preface our response to your inquiry by stating that this opinion addresses your inquiry only in relation to the state nepotism law. Any questions pertaining to ethical or conflict of interest matters should be directed to the State Ethics Commission. We also state that this opinion pertains only to future appointments and is not to be viewed as a comment or ruling on any former appointments. An opinion from this office could neither validate nor invalidate any past actions of the elected officials of the Town of Ecru. Any definitive determination of the legality of such past actions must necessarily come from a court of competent jurisdiction.

With the above in mind, we turn to the question of whether the wife of the mayor of a code charter municipality may be lawfully appointed to serve as a municipal election commissioner.

In an opinion addressed to Ms. Dianne D. Bennett, dated July 10, 1984 (copy enclosed) this office stated that: 1) the employing authority for a code charter municipality is the board of aldermen; and 2) since the mayor has no authority to employ or appoint city employees, the employment of the mayor's stepdaughter would not violate the state nepotism law.

Therefore, in response to your specific inquiry, it is the opinion of this office that the board of aldermen of a code charter municipality may lawfully appoint the wife of the mayor to serve as a municipal election commissioner. As indicated above we make no comment on the propriety of such appointment.

Sincerely,

Mike Moore, Attorney General.