Mississippi Advisory Opinions April 27, 1983: 19830427 (April 27, 1983)

Advisory Opinion Text

Chief of Police Mendel H. Wachsman

Lucedale Police Department

Post Office Box 206

Lucedale, Mississippi 39452

Re: Municipal Officers — Municipal Employees

Dear Chief Wachsman:

Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.

Your letter states:

“We are in need of some vital information.

“If a person is employed by a municipality, and is considering running for an office in the county election, would this person have to resign his position with the municipality?

“Need information as soon as possible and / or any suggestions from your office.”

It is understood that Lucedale has a Code charter (mayor—board of aldermen) form of municipal government.

In response, there is enclosed a copy of a letter of January 10, 1983, to Honorable Fred C. Permenter, Jr., of Ripley which expresses an opinion on the subject. In summary, it states that officers and employees of Code charter municipality are not required by statute to resign or take leave of absence for the purpose of running for county office. Also stated are certain conditions which each candidate must satisfy when running for office.

With kind regards, I am

Very truly yours,

Bill Allain, Attorney General.