Mississippi Advisory Opinions July 13, 1983: 19830713 (July 13, 1983)

Advisory Opinion Text

Honorable Joseph R. Meadows

City Attorney of Gulfport

Post Office Drawer 550

Gulfport, Mississippi 39501

Re: Municipal Employees

Dear Mr. Meadows:

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

Your letter states:

“On November 5, 1982 your office rendered the attached Opinion to Chief Larkin I. Smith, which is self-explanatory.

“Several City employees who fall under the Civil Service Rules for the City of Gulfport have inquired as to whether or not there would be any prohibition against them running for a County office provided they follow the guidelines as set forth in yours of November 5, 1982 to Chief Smith.

“Therefore, I pose the following question:

'In order to qualify and run for a County office, does the law require that an employee of the City of Gulfport falling under the Rules of Civil Service, either resign their present position or take a leave of absence while engaging in the campaign?'

NOTE : This question presupposes there is no prohibition contained in the Rules of Civil Service of the City of Gulfport, provided the employee follows the guidelines set forth in yours dated November 5, 1982 to Chief Smith.”

Reference is made to Chapter 31 of Title 21 of the Mississippi Code of 1972, Annotated, Civil Service, and more particularly to Sections 21-31-37 and 21-31-75 therein which state as to the two general classes of municipal civil service systems whatever statutory restrictions or constraints there are on political activities of municipal employees subject to civil service:

Ҥ 21-31-27. Political services and contributions.

...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.”

Ҥ 21-31-75. 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 such employee shall engage in any political campaign as a representative of any candidate or shall engage in pernicious activities, and any person so engaging in such activities shall be subject to dismissal or demotion.”

The stated restrictions and constraints are not interpreted to require a municipal employee subject to civil service to resign or take a leave of absence when qualifying for and running for election to a county office.

The restrictions and constraints on political activity stated in the Larkin letter are applicable to the political activities of such an employee.

With kind regards, I am

Very truly yours,

Bill Allain Attorney General