Mississippi Advisory Opinions February 02, 1983: 19830202 (February 02, 1983)

Advisory Opinion Text

Ms. Betty Greer

Director of Personnel

Federal-State Programs

723 North President Street

Suite 400

Jackson, Mississippi 39201

Dear Ms. Greer:

Your request for an opinion is acknowledged. The brevity of your request allows its inclusion in its entirety.

Your letter states:

“This is to request a written opinion regarding federal, state and / or local law regulating the political activities of public employees. First, can a state employee retain his / her position with an agency which receives federal and state funds while running for elected office? And second, can a state employee retain his / her position with an agency which receives federal and state funds while serving as treasurer or campaign manager for a candidate seeking elected office?”

Your attention is directed to Section 23-3-29, Mississippi Code of 1972, a copy of which is attached. You will see in reading it that it is applicable to state personnel.

This office is not susceptible to rendering opinions on federal statutes and therefore would not speak to the applicability of the Hatch Act, 5 U.S.C. 1501 - 1508 . For your information, these sections prohibit employees of a federally funded agency from being a candidate for public elective office in a partisan election. Active participation, such as suggested by your second question, would seem to be covered also. The U.S. Civil Service Commission, at one time, published materials explaining their interpretation of these laws and you might wish to contact them to determine if such is available.

We would not attempt to interpret agency rules either, but call to your attention the Personnel Board's rules which would be applicable to state service employees.

These observations should provide you ample guidance to resolve any questions you might have as to your agency's employees.

Respectfully,

Bill Allain, Attorney General.