Mississippi Advisory Opinions February 10, 1983: 19830210 (February 10, 1983)

Advisory Opinion Text

Chief Charlie Watkins

City of Columbus Police Department

Columbus, Mississippi 39701

Re: Municipalities — Pensions — Retirement

Dear Chief Watkins:

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

You ask two questions which are stated below with responses thereto.

Question : “Is it legal for a police officer, who is covered under Civil Service statutes, to be a candidate for the office of Mayor while employed by the municipality?”

Response : Columbus is a special or private charter municipality.

Chapter 31 of Title 21 of the Mississippi Code of 1972, Annotated, (the “Code”) includes statutory provisions for different classes of municipalities. It is inferred that the Civil Service System of Columbus is within a class as defined in Section 21-31-1 of the Code:

“ § 21-31-1 . Adoption of civil service system mandated in certain municpalities.

(1) A civil service commission is hereby created in every municipality described in subsection (2) which has a full paid fire and police department.

(2) The provisions of subsection (1) of this section shall apply to: ...

... (f) Any municipality, operating under special charter, and in which there is located a state-supported college for women.”

Section 21-31-27 of the Code, applicable to this class of municipality provides:

“ § 21-31-27 . Political services and contributions.

No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.

If any person holding any office, place, position or employment subject to civil service, actively participates in political activity in any primary or election in a municipality where he is employed, it shall be deemed cause for removal.” (Emphasis Supplied)

Question : “Can a police officer, who is retired from the Columbus Police Department and who is receiving benefits in accordance with Section 21-29-139, if elected as Mayor, who is covered under the public employees retirement system, continue to be paid the retirement benefits he is receiving under Section 21-29-139?”

Response : Yes.

With kind regards, I am

Very truly yours,

Bill Allain, Attorney General.