Mississippi Advisory Opinions March 17, 1983: 19830317 (March 17, 1983)

Advisory Opinion Text

Chief of Police Charlie Watkins

City of Columbus Police Department

Columbus, Mississippi 39701

Re: Municipalities — Civil Service Act

Dear Chief Watkins:

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

Your letter states:

“By the opinion of the enclosed letter of the Attorney General, dated May 12, 1981, a police officer could be a candidate for public office so long as that employee did not campaign during the hours he is expected to work. Your recent letter of February 10, 1983 seems to conflict with the 1981 opinion.

“Please clarify if a police officer can campaign on his own behalf in a political campaign if he is not on duty.”

There is no conflict between the letters of May 12, 1981, and February 10, 1983, copies of which are enclosed for reference.

The letter of May 12, 1981, addressed to you was a response to the question:

“Is it legal for a police officer, who is covered under civil service statutes (Section 21-31-27), to be a candidate for an office of constable while employed by the municipality?...” (Emphasis Supplied)

The letter of February 10, 1983, addressed to you was in part a response to the 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?”

The February 10, 1983, response quoted Section 21-31-27 of the Mississippi Code of 1972, Annotated, and stated:

“ § 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)

The office of constable is not a municipal office.

The text “...in any primary or election in a municipality where he is employed...” means a primary or election for municipal office.

In a letter of January 10, 1983, to Honorable Fred C. Permenter, Jr., of Ripley, it was stated in summary that should a municipal officer or employee qualify and run for county office that person cannot:

1. Campaign during the hours when occupied or on duty as an officer or employee;

2. Conduct a campaign which interferes with the prompt and efficient discharge of the duties of the office, position or employment;

3. Use office, position or employment to induce or coerce municipal officers and employees to contribute money or anything of value to candidate's campaign; nor, 4. Use any municipal funds, property, or facilities, to assist in the conduct of a campaign.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General