Mississippi Advisory Opinions February 20, 1981: AGO 000002206 (February 20, 1981)

AGO 000002206.

Dear Dr. Shelton:

Attorney General Allain has received your letter of request dated January 20, 1981, and has assigned it to me for re- search and reply. Your inquiry states as follows:

In updating our Board Policy manual, the follow- ing questions have arisen about which we will ap- preciate your opinion:

1. Because the Mayor and Board of Aldermen appoint the majority of the Trustees of the Holly Springs Municipal Separate School Dis- trict, which trustees enter into contract with school employees, would (a) Campaigning for, or (b) holding office of mayor or alder- man be a conflict of interest on the part of a school employee?

If so, at which point should a person so involved submit a resignation as an employee of the school district?

2. Regarding 37-7-307 (1-a), teachers' sick leave, can (a) sick leave days be credited to a teacher on a pro-rata basis? (b) If a school teacher leaves a system before completion of the school year and is replaced by a teacher who is contracted for less than a school year, must both teachers be credited with the minimum of five (5) days sick leave?

In response to your first query, the Mississippi Supreme Court held in Chatham v. Johnson, 195 So.2d 62 (Miss. 1967), that a teacher's candidacy for public office is not grounds for can- cellation of a contract as a teacher. Further, it has been the opinion of this office in the past that there is no prohi- bition against an alderman being employed as a school teacher in a municipal separate school district he serves because the position of teacher is mere employment and does not constitute an office. See the attached copies of opinions rendered by this office to Mrs. June Shurden on March 22, 1977; to Honor- able Henry W. Hobbs on March 4, 1977; and to Honorable Oscar R. Jordan on March 30, 1976. The same rationale applies to an in- dividual serving as mayor of a municipality and as a school tea- cher in its municipal separate school district.

In regard to your second inquiry, Mississippi Code Annotated upon 37-7-307(a) requires that "[e]ach teacher at the begin- ning of each school year shall be credited with a minimum sick leave allotvance, with pay, of five (5) days for absences caus- ed by illness or physical disability of the teacher during that school year." Therefore, each teacher who is under contract at the beginning of the school year must be credited with five days of sick leave, even though such teacher may terminate prior to the end of the contract period.

This statute is silent as to sick leave for teachers entering the system after the school year begins. It is the opinion of this office that under those circumstances the school district, if it so desires, could credit the new teacher with sick days on a pro rata basis.

If this office can be of benefit in the future, please do not hesitate to contact us.

Sincerely,

BILL ALLAIN, ATTORNEY GENERAL

BY:

Susan L. Runnels Special Assistant Attorney General

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