Mississippi Advisory Opinions November 05, 1982: 19821105 (November 05, 1982)

Advisory Opinion Text

Chief Larkin I. Smith

Gulfport Police Department

Post Office Drawer ‘S”

Gulfport, Mississippi 39501

Re: Municipal Officers

Dear Chief Smith:

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

Your letter states in part:

“I am seriously considering qualifying as a candidate in the next race for Sheriff of Harrison County, Mississippi. In order to insure full compliance with the law, and avoid any potential embarrassment to myself or to the City of Gulfport by virtue of my official position as Chief of Police in Gulfport, I would appreciate very much your clarifying the following matters for me at your early convenience: ...”

You then pose two questions which are set out below with responses.

Question : 1. In order to qualify and run for Sheriff of Harrison County, Mississippi, does the law require that I either resign my present position as Chief of Police or, alternatively, that I take a leave of absence from this position while I am engaged in this campaign?

Response : Gulfport has a Commission form of municipal government. Section 21-5-21 is applicable to officers and employees of municipalities having this form of government:

Ҥ 21-5-21. Election offenses.

Any officer or employee other than the mayor and councilmen (or commissioners) of any such city who shall solicit or attempt to influence any person to vote for any particular candidate at any election held in such city, or who shall in any manner contribute any money, labor or other valuable thing to any person or organization for election purposes, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment.”

Section 21-5-21 is construed to apply only to elections held for municipal office in a Commission form of government and not to require that you resign your position of Chief of Police of Gulfport or take a leave of absence to qualify for and run for the office of Sheriff of Harrison County.

There are no other Mississippi statutes which require that you so resign or take a leave of absence for the purpose of running for the office of Sheriff of Harrison County.

However, should you qualify and run, you cannot:

1. Campaign during the hours when you are on duty as Chief of Police;

2. Conduct a campaign which interferes with the prompt and efficient discharge of the duties of your position;

3. Use your position to induce or coerce Gulfport municipal officers and employees to contribute money or anything of value to your campaign; nor, 4. Use any Gulfport municipal funds, property, facilities, officers or employees to assist you in the conduct of a campaign.

Question : 2. In the event that the law prohibits my present position as Chief of Police during the campaign, is there a provision in state law authorizing my taking a leave of absence to engage in the campaign, rather than submitting an outright resignation?

Response : See the response to the first question.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General.